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HomeMy WebLinkAbout2003.1002.TCREM.PacketI%* .- NOTICE OF EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Councilman Rick Melendez Councilwoman Kathy Nicola Councilwoman Leesa Stevens Councilman John Kavanagh Councilman Mike Archambault Vice Mayor Susan Ralphe WHEN: THURSDAY, OCTOBER 2, 2003 TIME: 5:30 P.M. EXECUTIVE SESSION 6:30 P.M. REGULAR SESSION WHERE: FOUNTAIN HILLS' COMMUNITY CENTER 13001 N. LA MONTANA (BALLROOM) (Executive Session will be held in the Conference Room located in the Community Center.) 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 Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Council Members. Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. 1.) VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. §38-431.03.A.1., (i) For discussions or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that, with the exception of salary discussions, an officer, appointee or E:\Clerk\AGENDAS\REGULAR\2003\Regular and Executive Session 10-2-03.doc Page 1 of 4 Last printed 10/1/2003 11:35 AM employee may demand that the discussion or consideration occur at a public meeting. The public body shall provide the officer, appointee or employee with written notice of the executive session as is appropriate but not less than twenty-four hours for the officer, appointee or employee to determine whether the discussion or consideration should occur at a public meeting (Specifically, the appointment of citizens to the Community Center Advisory Commission and the Planting and Zoning Commission); (ii), A.R.S. §38-431.03.A.3, for discussions or consultation for legal advice with the attorney or attorneys of the public body. (Specifically, the Final Plat for Summit at Crestview); and (iii) A.R.S. §38-431.03.A.4, for discussion or consultation with the attorneys of the public in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation (Specifically, Claim by the taxpayer for a refund). 2.) RETURN TO REGULAR SESSION • CALL TO ORDER AND ROLL CALL — Mayor Nichols • PLEDGE TO THE FLAG — Mayor Nichols • INVOCATION — Council Member Rick Melendez • MAYOR'S REPORT Mayor Nichols will read a proclamation recognizing the Knights of Columbus charitable organization, which sponsors many programs and events to aid underprivileged, ill and mentally handicapped children Rotation of the position of Vice Mayor to Councilman Rick Melendez • SCHEDULED PUBLIC APPEARANCE/PRESENTATION Representative Michele Reagan CALL TO THE PUBLIC Pursuant to A.R.S. §38-431 -01 (G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are property noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be 15 min. placed on a future Council agenda. 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 Council member or member of the public so requests. If a Council member or member of the public wishes to discuss an item on the consent agenda, they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. *1.) CONSIDERATION of approving the MEETING MINUTES of 9/18/03 and 9/22/03. *2.) CONSIDERATION of RESOLUTION 2003-61 calling the March 9, 2004 Election. E:AClerkVAGENUAS\REGULAR\2003\Regular and Executive Session 10-2-03.doc Page 2 of 4 Last printed 10/1/2003 11:35 AM *3.) CONSIDERATION of the SPECIAL EVENT REQUEST submitted by the Chamber of Commerce for the Stroll the Glow on the Avenue scheduled for Saturday, December 6, 2003 from 6:00 p.m. to 8:00 p.m. *4.) CONSIDERATION of RESOLUTION 2003-56 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property lines of Lot 7, Block 1, Plat 605D (15262 E. Mustang) as recorded in Book 164 of Maps, Page 15, Records of Maricopa County, Arizona. EA03-15 (Timothy Monnig). *5.) CONSIDERATION of RESOLUTION 2003-57 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the southerly property lines of Lot 32, Block 1, Plat 505C (16832 N. Stoneridge Court) as recorded in Book 158 of Maps, Page 42, Records of Maricopa County, Arizona. EA03- 16 (Dennis & Kathryn Collins). *6.) CONSIDERATION of RESOLUTION 2003-58 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northeasterly property lines of Lot 26, Block 9, Plat 111 (16244 E. Stancrest Drive) as recorded in Book 150 of Maps, Page 12, Records of Maricopa County, Arizona. EA03- 17 (Ronald S. Timms) *7.) CONSIDERATION of a request for a SIX MONTH EXTENSION of the Special Use permit to allow a Kennel with proposed hours of operation of 5:30 a.m. to 11:00 p.m. and managers' residence on the second floor, located at 11669 N. Saguaro Blvd., aka Plat 302, 5 min Block 1, Lots 3 & 4. Case Number SU2002-09. REGULAR AGENDA 8.) REPORT AND RECOMMENDATION by the State Trust Land Ad hoc Committee 60 min with possible Town Council action and direction to staff after considering the Committee's recommendation. 9.) CONSIDERATION of APPOINTING A CITIZEN to fill the vacancy on the 5 min Community Center Advisory Commission. 10.) CONSIDERATION of APPOINTING CITIZENS to fill the three vacancies on the 5 min Planning and Zoning Commission. 11.) RECONSIDERATION of the FINAL PLAT for the "The Summit at Crestview", a 68 unit multi -family condominium subdivision of 56.65 acres of land located at the Northwest 15 min. corner of Shea and Palisades Boulevards, Case #S2001-08. 12.) CONSIDERATION of RESOLUTION 2003-54 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the westerly property lines of Lot 31, Block 4, Plat 605A (15727 E. Mustang Drive) as recorded in Book 155 of Maps, Page 21, Records of Maricopa County, Arizona. EA03- 5 min 13 (Deerefield Homes Ltd.). 13.) CONSIDERATION of RESOLUTION 2003-55 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the southerly property lines of Lot 19, Block 1, Plat 602A (15603 E. 15603 E Palisades Blvd.) as recorded in Book 161 of Maps, Page 42, Records of Maricopa County, 5 min. Arizona. EA03-14 (Sinikka Jamieson). 14.) PUBLIC HEARING to receive comments on ORDINANCE 03-19 amending Chapter 5 of the Zoning Ordinance for the Town of Fountain Hills, relating to the requirements for 10 min accessory buildings and solar units. Case Number Z2003-09. E:\Clerk\AGENDAS\REGULAR\2003\Regular and Executive Session 10-2-03.doc Page 3 of 4 Last printed 10/1/2003 11:35 AM Is 15.) CONSIDERATION of ORDINANCE 03-19 amending Chapter 5 of the Zoning Ordinance for the Town of Fountain Hills, relating to the requirements for accessory 10 min. buildings and solar units. Case Number Z2003-09. 16.) CONSIDERATION of the FINAL PLAT for Parcel 8 at Eagles Nest, a 19 lot single family subdivision of 53.34 acres of land located in the northeast corner of the Eagles 5 min Nest Final Plat, Case#S2002-34. 17.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural 10 min. strengths and weaknesses and discuss possible improvements for future meetings. 30 min. 18.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council. A. Requested by Councilwoman Nicola: Placing the item of discussion of establishing a sub -committee, made up of the members of the Town Council and the Planning and Zoning Commission and Fountain Hills' business owners/residents, to identify solutions to ongoing signage concerns on a future agenda for action. B. Requested by Councilman Archambault: Placing the item of discussion with possible direction to staff to research the Town's authority and options relative to refuse service within the Town of Fountain Hills on a future agenda for action. C. Requested by Councilwoman Stevens: (i) Placing the item of disposition of the Development Advisory Committee on a future agenda for action, and (ii) Placing the item of consideration of establishing a policy for application and disbursement of Proposition 202 funding on a future agenda for action. D. Requested by Vice Mayor Melendez: (i) Placing the item of establishing the Channel 11 Commission, their role and responsibilities on a future agenda for action; and (ii) Placing the item for discussion of "non -licensed" Businesses operating in Fountain Hills on a future agenda for action. 10 min. 19.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 11:00 P.m. 20.) ADJOURNMENT. DATED this 30th day of September, 2003zz�:!, Bevelyn en k r, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. E:\Clerk\AGENDAS\REGULAR\2003\Regular and Executive Session 10-2-03.doc Page 4 of 4 Last printed 1011nM3 11:35 AM Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:❑ Meeting Date: 10/02/03 Contact Person: Bender Requesting Action:❑ TVDe of Document Needinp, 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: Draft meeting minutes Council Prioritv (Check Appropriate Areas ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:[] ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: CONSIDERATION of approving the MEETING MINUTES of 9/18/03 and 9/22/03. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: Approve draft Town Council meeting minutes for archival purposes. List All Attachments as Follows: Draft meeting minutes Type(s) of Presentation: none Signatures of Submitting Staff: Department Head Town Manager Budget Review (if item not budgeted or exceeds budget amount) 000000000000000000000000000 Town of Fountain Hills Office of the ` A Proclamation WHEREAS, mental health disorders affect the lives of thousands of Americans and their families across the country; and WHEREAS, disabled persons make many fine contributions to all areas of society and their value as productive members of the community should not be underestimated; and o WHEREAS, funding to help the disabled develop and reach their full potential through c education and employment opportunities is severely limited at the state and local level; and o 0 WHEREAS, the Knights of Columbus is a charitable organization which sponsors. many programs and events to aid underprivileged, ill, and mentally handicapped children; and WHEREAS, the Tootsie Roll Drive is a three-day project taken on by the Knights of Columbus in an effort to collect contributions to help support state programs for mental retarded and handicapped children; and WHEREAS, the Mayor and Town Council of Fountain Hills wish to recognize the efforts of the Knights of Columbus in raising funds to support the important mission of providing services and support for mentally handicapped children in Arizona; THEREFORE, I, W. J. NICHOLS, MAYOR of the Town of Fountain Hills, Arizona, do hereby proclaim October 23, 24, and 25, 2003, as: "Knights of Columbus Tootsie Roll Drive Days" SIGNED this 2nd day of October, 2003: W. J. 'chols, Ma ATTEST: Bevelyn Bender, Town Clerk o Bender, Bev To: Mayor & Town Council; Pickering, Tim 'c: Department Directors Subject: FW: language change to the 10/2/03 agenda Good morning Mayor and Council, Attached is the revised agenda language for item #8 on the 10/2/03 agenda per our Town Attorney's office. I will have a revised "Purple" agenda placed in your mail boxes later this afternoon. This is the only change to the agenda. However, Councilman Archambault requested that the discussion on items #11 and #12 contained in the September 18th minutes be expanded so a revised copy of the September 18th meeting minutes will also be attached to the "Purple" agenda for your review. Please contact Tim or I with any questions, Bev -----Original Message ----- From: Oberholtzer, Carolyn Sent: Wednesday, October 01, 2003 10:51 AM To: Bender, Bev Subject: RE: language change to the 10/2/03 agenda Let me know if you have questions . .EPORT AND RECOMMENDATION by the State Trust Land Ad hoc Committee with possible Town Council action and direction to staff after considering the Committee's recommendation. 1 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:❑ Meeting Date: 10/2/03 Contact Person: Bender 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: Resolution 2003-61 Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ® Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: CONSIDERATION of RESOLUTION 2003-61 calling the March 9, 2004 Election. Staff Recommendation: Approve Fiscal Impact: Yes 115,500 (approximately) Purpose of Item and Background Information: Effective January 1, 1994, the Legislature changed the call and notice of election requirements to apply only to special district elections. Although cities and towns are no longer required by state law to adopt or publish either a call or notice of election, a call of election, in particular, remains a good way to inform the public about the election and to alert candidates to filing dates. This resolution will establish March 9, 2004 as the Primary Election date where Fountain Hills residents will be asked to nominate and/or elect a mayor and three council members and May 18, 2004 as the General Election. This resolution will provide notice to the public of the election dates and the purpose, deadline for voter registration, and location and deadline for candidates to file their nomination papers. Therefore, staff recommends approval of Resolution 2003-61. List All Attachments as Follows: Resolution 2003-61 Type(s) of Presentation: none Signatures of Submitting Staff: Department ilea-&-, G -- aj �.0 TOG Manager Budget Review (if item not budgeted or exceeds budget amount) RESOLUTION NO.2003-61 �.• A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DESIGNATING THE ELECTION DATE AND PURPOSE OF ELECTION; DESIGNATING THE DEADLINE FOR VOTER REGISTRATION; AND DESIGNATING THE PLACE AND THE LAST DATE FOR CANDIDATES TO FILE NOMINATION PAPERS. BE IT RESOLVED, BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That March 9, 2004, is hereby set as the time for holding the Town of Fountain Hills Primary Election for the purpose of nominating candidates for the offices of Council Member and Mayor whose names shall appear on the ballot at the General Election, to be held on May 18, 2004. Any candidate receiving a majority of all the votes cast at the Primary Election will be declared elected without being required to run in the General Election. SECTION 2. That Maricopa County (the "County") registration and voting lists will be used for the Primary Election. In order to qualify to vote at the Primary Election, individuals must be registered with the County by February 9, 2004. SECTION 3. That candidates seeking municipal office may obtain nomination papers and other materials that must be filed by the candidates with the Town Clerk beginning on October 3, 2003. Candidates must file nomination papers and other nominating forms by 5:00 p.m. on December 10, 2003, with the Town Clerk in order for their names to appear on the Primary Election ballot. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, October 2, 2003. FOR THE TOWNA)F FOUNTAIN HILLS: ATTESTED TO: ffr� ►_ W 9196.001\Resolutions\2003-61 May Election.res.doc 9-23-03-1 ) 6, " h ( -J� & Bevelyn J. B nd Town Clerk 4 APPROVED AS TO FORM: r Andrew J. McGuire, Town Attorney Page 1 of 1 Town of Fountain Hills Town Council Agenda Action Form Meeting Type:. Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 10/2/03 Contact Person: Tom Ward Requesting Action:® Tvne of Document Needinp, Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development ❑ Ordinance ® Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of the special event request submitted by the Chamber of Commerce for Stroll the Glow on the Avenue scheduled to be held from 6:00 p.m. to 8:00 a.m. on Saturday, December 6, 2003. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Backl1round Information: To approve the special event request. This is an annual "holiday" event that automatically appears on the event calendar per Article 8-3. Application process and Council approval required. Applicant reimburses Town for any incurred expense. Application received 9/4/03, complying with major event provision for 90 day submittal. List All Attachments as Follows: Staff memo and application.. Type(s)`of Presentation: None Signatures of Submitting Staff: .41�'J,- �)/Y, De artm nt Hea Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: September 17, 2003 FR: Tom Wao',4birector of Public Works RE: Chamber Special Event Request Stroll the Glow on the Avenue The Chamber of Commerce has submitted their request for the annual Stroll the Glow on the Avenue. This year's event will be held on Saturday, December 6, 2003 from 6:00 p.m. to 8:00 p.m. The event will occupy the Avenue of the Fountains from Saguaro to La Montana, requiring closure of those intersections at 5:00 p.m. to insure that all vehicles are vacated from the event area prior to the onset of pedestrian traffic. The Special Events Committee has reviewed the request and recommends approval. EASpecial Events\Stroll the Glow on the Avenue.doc Town of Fountain Hills ' TOWN OF FOUNTAIN HILLSOffice of the Town Clerk, Special Event Coordinator Special Event P.O. Box 1795S. 16836 E. Palisades Fountain Hills. AZ S526S Permit Application S E P 0412003 Phone: 480-8 37.200 3 Fax: 480-8 37-314i ENGINEERING DEPARTMENT Date of Application: _, �v Permit Application #: W ,2DO 3' S~ Please complete the following information and return to the attention of the Office of the Town Clerk — Special Event or fax the application to 480-837-3145. The appropriate application fee must accompany the application to be processed. (For fee schedule, please see Section 11.) Attach an area site plan of the event showing locations of all that are applicable: stages, street closure requests, sidewalk or right-of-way closure requests, starting or terminating points, liquor locations, security positions, port -a johns, tents, etc. Major Event applications must be submitted to the Town Clerk's office no later than (90) ninety days prior to the event in order to be considered for scheduling on the special event calendar (January 1 through December 31). Applications will not be accepted less than (90) ninety days prior to the event. Incomplete applications and applications not accompanied with the appropriate fees, will not be processed. Minor Event applications must be submitted to the Town Clerk's office no later than (30) thirty days prior to the event. Applications will not be accepted less than (30) thirty days prior to the event. Incomplete applications and applications not accompanied with the appropriate fees, will not be processed. NOTE: Holiday Sales (related to a state or nationally recognized holiday or seasonal event) must be set up and conducted in one location and obtain a Use Permit through the Community Development/Planning and Zoning Department. Charitable Nonprofit Fund -Raising events are limited to four (4) events per year per organization. There must be a minimum of twenty- five (25) days between the last day of one major event and the first day of another major event. Two or more separate events may not occupy the same location on the same calendar day. Section 1 Application Information (Must be completed) Section 2 Application Information (Must be completed) Any changes shall be submitted to the Clerk's office prior to the end of the lst day of the event. •tt event is on private property proviae: _hysn.ai awrang Point of event nanie cllu �Wy4/,,f/, CC: Parks and Recreation Department, Street Department, Marshals Department, the Fire Marshal, Other: ysica I epnination Point of even[ the event is to take place on City ropertr, comp ete Section 6 emotion of tvent s o ven _7— cn rs�ne,; I,!� s on['s If the event involves sponsorship or participation o a charity, provide the o owing: Attach an additional sheet if Charity s Narne (c)_ Number r necessary. Charity s Address Charity s (hone is lit difterent trom above) Has this event ever been held at another location? Yes No If Yes, please provide the following: Date(s) Location(s) Has the Applicant/Organization ever had a liquor license or events permit denied, revoked or suspended? _ Yes No If Yes, please explain: Will there be an admission charge: _Yes IaJNo If Yes, how much? Will there be an ampliLe entertainment? es No If Yes, what type? �/f l-0� / /JA��� Attach an additional sheet if �j/ v �i+� Will there be live entertainment? Yes No necessary. If Yes, complete the following: Group Performance Location Scheduled Time Tax ID # Attach an additional sheet tf Will there be any novelty items sold? p Yes o necessary. If Yes, please describe below: Item Vendor Selling Price(s) Tax ID # Attach an additional sheet if Will there be any contracted concessionaires/caterers? ? o Yes necessary. If Yes, please provide the following information: (Attach an additional sheet if nen Name of Concessionaire/Caterer Address Phone Town of Fountain Hills Items sold Tax ID # Special Event Application Page 2 of 10 How close are the nearest residences to the event. Attach an additional sheet if Will there be artists? ❑ es necessary. If Yes, please provide the following information lame of Artist Address Phone Items sold Tax ID # eve xamo M Yes f7 No it Yes, list stations: Yes ❑ o es. list stations: Newspaper Ads es ❑ No If Yes, list newspapers: Press Releases o Yes Ei No It Yes, how many: Flyers/Posters Yes ❑ No If Yes, where distributed and at ch an�lanned p�otional materials. Attach an additional sheet if List and describe the number of vehicles and/ or equipment which will be involved in the event necessary. Will there be animals involved? If yes, please explain. Yes p No Section 3 Event Special Will the Event include any of the following: ❑ Yes ❑ No If Yes, be advised that event features may require an inspection Features and/or special permit from the building, engineering, fire, and/or health departments. (Please complete those Tents or Canopies ❑ Yes WNo applicable and include a Note: ff more than 1 tent or nopy is being used, a site plan must be provided. If Yes, please provide the following information: site plan. Number of Tents/Canopies Company Phone N Open Flames or Cooking Ej Yes o If Yes, please provide the following information: Event features may Company Name: require inspection Address and/or special permits from building, Contact Phone Number engineering, fire, and/or health departments Fireworks Ei Yes No If Yes, please provide the following information: Company Name: Phone Temporary Fencing/Structures ❑ S'es o If Yes, please provide the following information: Company Name: Phone Town of Fountain Hills Special Event Application Page 3 of 10 The site of the event rust Aid t,ocanons11 Yes must be adequately Company Name: served by utilities and sanitary facilities Address Phone Port -a- o aste Controles rW INo If I es, please provide the following information: Tice site of the event must be adequately served by utilities and sanitary facilities. Company Company N ❑M Company ❑ t es ,g ting/ pot ,g is ❑ es IN a /f Yes, contact the Community Development Department as a special permit is required. Provide the following information: Company Name: Provide a site plan clearly igns/Barmers El y'es No depicting the location of all signage, directional and/or If Yes, contact the Community Development Department as a special permit is required. promotional that will be used in conjunction with Provide the following information the event. Company Name: Sienaee shall not be posted earlier than two weeks prior to the first day of the event and must be removed within 48 hours following the event conclusion. Town of Fountain Hills Phone Phone Number Phone Phone Number Phone Number Page 4 of 10 Other — Description of any other activities at event. Section 4 Streets/Traffic Will the event require closure or use of any of the following (Provide a parking plan adequate to accommodate anticipated attendees): Complete those areas. which are applicable, CityStreets Yes No If Yes. provide the following and include on a site Street From/To Street L " Qale sl Time(s): plan showing all / y requests. ewveC-- Parking on the property must be adequate to serve any existing permanent uses as well as the special event use. eaaeamtis r es fir :No it i es, provtae the to Sidewalk From/To Sidewalk in Alleys ❑ es No If Yes, provide the following: Alley From/To Alley Date(s) Time(sl Date(s) Time(s) Public Parking Lois es V No If Yes, provide the following: (If parking is to be on private property, written permission of the property owner must be included with the application.) Parking Lot own rig t-o -ways o Yes : o It Yes, provide the location. Date(s) Time(s) Section 5 Use of Town Facilities Will any Town Facilities be used? Ei Yes o Complete those areas, �—! which are applicable, If Yes, provide the location(s). and include on a site plan showing all requests. Facility Person Contacted Phone Will any Town Electric or Water hookups be used? El Yes WNo It Yes, provide the location If additional locations ectrtc Location Service Needed (in amps) are requested, please Electric I.,ocation Service Needed (m amps) attach a site plan showing additional Water Location Service Needed locations and services needed. Water Location Service Needed Responsible Person at the Event Responsible erson's Horne Address —Mome None Responsible erson's Business Address Business Phone Pager (if applicable) Cell Phone # ( if applicable) Message # (if applicable) Town of Fountain Hills Special Event Application Page 5 of 10 Section 6 Event Security (Must be completed) Will the event be using private security? El � No If Yes, please provide the following: Security Company: Contact Person Phone (if different than above) Number r of personnel contracted or: Scheduled ours personnel will at the event: Will e even[ be requesting the services o ountam lblls Marshals Department'! ❑ Yes ❑ No If Yes, please provide the following: Town of Fountain Hills Marshals Department Contact Person Phone Number of personnel contracted or: Scheduled ours personnel will at the event: o schedule Deputy Marshals. s, please call Officers must be scheduled a trutumum of three weeks prior to the event. -After reviewing the event application. the Town may require the use of deputies for the event. If deputies are required. permittee must provide above information as an amendment to the application before an event permit will be issued. Section 7 Emergency Medical Will the event request Rural Metro's EMTs or paramedics? ❑ Yes No If Yes, please provide the following: Services (Please complete items, which are applicable.) Rural Metro Contact Person Phone Number of personnel contracted for: To schedule EMTs or paramedics, please call 480-837-9820. EMTs or paramedics must be scheduled a minimum of three weeks prior to the event. *After reviewing the event application, the Town may require the use of EMTs or paramedics for the event. If emergency medical services are required, permittee must provide above information as an amendment to the application before an event permit will be issued. Promoter may be required to provide a tent, cots, ice and water. Section 8 Alcohol Will there be alcohol at the event? ❑ Yes ❑ If Yes, please provide the following: (Please complete items, [[ which are applicable.) Type(s) of alcohol: Will the alcohol be sold? Cl Yes ❑ No Will the alcohol be given away? ❑ Yes ❑ No Will event attendees be permitted to bring their own alcohol? ❑ Yes ❑ No Is alcohol included in the admission price to the event? ❑ Yes Cl No This applies to charitable, religious, fraternal or political groups only. It you answered es to any of the above, a liquor license is required. Whichtype of license will used for the event. Town of Fountain Hills Special Event Application Page 6 of 10 Extension of Prennse (anac h copy of State of Arizona Application) Special vent Liquor License (attach copy of State of Arizona Application) It applying fora Special Event Liquor License. the following must be provided: Chanty s or rganization s . -acre 5 ice, , umber letter tram the charity or organization agreeing to participate as the agent for the special event liquor license is required and must accompam the original event application. Name of Contact at Chantv or UreanizaLionPhone On -Site Agent Responsible for Liquor s the event widtin 300 of a church or school propertyline? ❑ Yes ❑ No What controls will used to keep attendees under the age o -11 fromobtaining alcohol at the event'! site plan showing locations of alcohol service areas, type and height of fencing, and security check areas must be provided and correspond to the description of the controls above. Describe how attendees over the age of 21 will be identified. Will more than of the gross revenues derived from the event be derivedfrom alcohol saes. ❑ Yes ❑ No Section 9 Parade Information (Please complete items, which are applicable.) Assembly Area Time Disassembly Area i ime Number of Units Description of the units (motorized, animals, floats, and sound amplification') Attach a proposed route and indicate assembly and disassem y areas. Town of Fountain Hills Special Event Application Page 7 of 10 Section 10 Insurance A certificate of insurance naming the Town of Fountain Hills as an additional insured MUST BE ON FILE Requirements in the Town Clerk's office at least 10 days prior to the actual event. Insurance is to be in limits of not less than $1 million combined single limit personal injury and property damage covering owned and non - owned auto liability, premise liability and comprehensive general including product liability where indicated. If liquor is served, an additional $2 million liquor liability policy is required naming the Town as additional insured. A separate Certificate of Insurance for $1 million is required from all carnival and amusement companies. Copies of all certificates of insurance required must be attached and must show the name of the event and dates of the coverage prior to the issuance of the event permit. For more information on insurance requirements, please contact Mr. Wally Hudson, the Risk Manager at 480-837- 2003. All companies must be licensed, or authorized to do business in Arizona. Section 11 Fees A non-refundable application fee of five hundred dollars ($500) shall be submitted with each special event application. Applications received without the application fee will not be accepted. A commercial event sharing sponsorship with a charitable nonprofit organization shall not be exempt from the $500 application fee. Once a major event application is approved by the Town Council , the applicant shall submit to the Town Clerk's office an amount of money equal to the estimate of all non -permit fees. Note: Town of Fountain Hills Special event applications submitted by a charitable nonprofit organization as described in Section 8-3-2.B shall pay an application fee of one hundred dollar ($100). Local charitable nonprofit organizations are exempt from non -permit fees except cleaning/damage deposits and rental fees where applicable. The Town reserves the right to require charitable nonprofit organizations to obtain services such as law enforcement, security, emergency medical, traffic engineering, etc. to insure that public safety standards are met. This exemptions does not apply to commercial events sharing sponsorship with charitable non-profit organizations. • Application fees must be submitted with the application. Applications received without the appropriate fees will not be accepted. • The deposit shall be paid not more than thirty (30) days after Town Council approval of the major events calendar. If the deposit is not received within the specified time, the event will be removed from the major events calendar and the event will be cancelled. • The Town of Fountain Hills may retain all or a portion of the deposit for failure to comply with the terms and conditions of the permit or the ordinances of the Town. The event will be invoiced for all non -permit fees or issued a refund after the Town expenditure review. ------------------------------------------------------------------------------------------------------------ A cleaning/damage deposit may be required to insure that the area used by the applicant is left clean and the landscaping is left undamaged. The field Services Superintendent or his designee will determine whether a deposit is required and if the area has sufficiently been cleaned after the event. /f the area is cleaned satisfactorily and no damage occurs, the deposit will be returned. Special Event Application Page 8 of 10 "%. Special Event Application Fee $500 Or Charitable/Non- profit Application Fee $100 FEE SUBMITTED WITH APPLICATION Es iinat i nt Costs For use by Staff Make checks payable to the Town of Fountain Hills Town of Fountain Hills PERMIT FEE: LAW ENFORCEMENT FEE: TRAFFIC ENGINEERING FEE: FIELD SERVICE FEE: CLEANING/DAMAGE DEPOSIT: FIRE SERVICE FEE: BUILDING SAFETY FEE: ENGINEERING FEE OTHER FEE: DEPOSIT TOTAL Special Event Application Page 9 of 10 Section 12 Certification (Must be completed) I hereby certify that the statements made in this application are true and complete to the best of my knowledge, and that I am authorized to execute the application. Intentional omissions or falsification of information is sufficient grounds for denial of the application and subsequent revocation of the permit. I understand that all transactions in the course of the event are subject to any applicable city, county, and/or state sales tax. All event participants shall comply with sales tax regulations. I agree to indemnify the Town of Fountain Hills and its respective officers, agents, and employees from any and all losses, claims, liabilities, damages, costs, and expenses, including reasonable attorney's fees and court costs, resulting from the conduct of the applicant,§ponsor or promoter, their employees or agents, with regard to the event -,tgnature of AUtnOnZCC Agent of .Appucant u e to Section 13 7�loo '.-* Fees Receipt Application Fee Received: RO M O g/d Date Received* -3 FOR USE BY Charitable Application Fee Waived: STAFF ONLY Statute: Estimate of Event Costs Collected: Check# Date Received: Staff Signature Section 14 Administratively ❑ , 20_ APPROVED or Administratively ❑ , 20_ DENIED Staff Signature Date ------------------------------------------------------------------------------------------------------- COUNCIL ❑ Approved at the 20U Town Council Meeting. COUNCIL ❑ Denied at the /(� —0 �, , 20Q_�Town Council Meeting. -----ntc_._._._._._._____._._._._._._.—.—.—._._._._._.___._._._._._._._._._._._._._._._._._._._.___._._ Town of Fountain Hills Special Event Application Page 10 of 10 vv ol Q V �,.° Iq h \Z �- ��/ J u 02NA31n08 ow 13 A C O 3nN33AV v1S1A 71 3nH3Ad S3M Tdd pr.azil A3WMd �I lei psr', 77-',- cD u rr, (I rrGr• _----- -- --- 1 .1 . . � MrM. � �N �• F �f, f� r------1 �� . • 1......0 1-s-_�.� � r-•-- �\ �+ w...� � ., .mow N A n C u X k SN1d1NnO3 7 y 02f` A31n08 3nN3Ad YiSU1 Ke • I : 3nH3nv 00tf1 13 pnix.n� 30 3r"y J S3DS[Nd Up"d Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 10/2/03 Contact Person: Tom Ward Requesting Action:® Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ® Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of RESOLUTION 2003-56 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the westerly property line of Lot 7, Block 1, Plat 605D (15262 E. Mustang Drive) as recorded in Book 164 of Maps, Page 15, Records of Maricopa County, Arizona. EA03-15- Timothy Monnig. %W Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: The applicants submitted the application on August 15, 2003. List All Attachments as Follows: Staff memo, resolution, exhibit Type(s) of Presentation: None Signatures of Submitting Staff: D artment�Ha �.-- Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: August 18, 2003 FR: Art Candelaria, Civil EngineerVk;" RE: Easement Abandonment 03-15 Randy Harrel, Town Engineer 15262 E. Mustang Drive Reviewed: T rd, Director of Public Works Plat 60513-1-7 yr ' This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the northerly property line of Lot 7, Block 1, Plat 605D, (15262 E. Mustang Drive) as shown in Exhibit "A". The property owners of Lot 7 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owners of Lot 7 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2003-56. Enc: Resolution Exhibit C: Stan Aughenbaugh Mary Murphy William Strukel B. Hofer Timothy Monnig \\earth\BBrannon\Abandonment Letters and Resolutions\EA03-15 - 605D-1-7.doc RESOLUTION 2003-56 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHERLY LOT LINE OF LOT 7, BLOCK 1, OF PLAT 605D, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 164 OF MAPS, PAGE 15, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council'), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights - of -way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN IMJ-S, as follows: SECTION 1. That a portion of the certain ten (10) foot public utility and drainage easements, generally located along the northerly lot line of Plat 605D, Block 1, Lot 7, Fountain Hills, _as recorded in book 164 of maps, page 15 records of Maricopa County and more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner of Lot 7 is required to pass the developed flows generated by the upstream lots across their property. SF.CTTON 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 605-D BLOCK 1 LOT 7 LOT 9 \ LOT 8 F \ ��j�S. LOT 42 N w E s SCALE: =40' DATE: -19-03 LOT 14 ABANDON P.U.E & D.E. ��(( BLOCK 1 LOT 7 LOT 6 LOT 15 0 LOT 5 � W � L f k� DY L. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 10/2/03 Submitting Department: Public Works Contact Person: Tom Ward Consent:® Regular:❑ Requesting Action:® Rep( Tvue of Document Needing Approval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ® Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Remular Agenda Wording: Consideration of RESOLUTION 2003-57 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the southerly property line of Lot 32, Block 1, Plat 505C (16832 N. Stoneridge Court) as recorded in Book 158 of Maps, Page 42, Records of Maricopa County, Arizona. EA03-16- Dennis & Kathryn Collins. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: The applicants submitted the application on August 20, 2003. List All Attachments as Follows: Staff memo, resolution, exhibit Type(s) of Presentation: None Signatures of Submitting Staff: De artment ead _ Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: August 29, 2003 FR: Art Candelaria, Civil Engine RE: Easement Abandonment 03-16 Randy Harrel, Town E inerof 16832 N. Stoneridge Court Reviewed: Tom W , lic Works Plat 505C, Block 1, Lot 32 This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the southerly property line of Lot 32, Block 1, Plat 505C, (16832 N. Stoneridge Court) as shown in Exhibit "A". The property owners of Lot 32 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owners of Lot 32 are required to pass the developed flows generated by the upstream lots across their property. • Staff recommends approval of Resolution 2003-57 Enc: Resolution Exhibit C: Dennis & Kathryn Collins Kurt & Connie Gerlach Phil & Nancy Metzler John T. Knudsen ACandelaria/BBrannon EA03-16 - 505C-1-32.doc RESOLUTION 2003-57 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY LOT LINE OF LOT 32, BLOCK 1, OF PLAT 505C, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council'), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights - of -way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION L That a portion of the certain ten (10) foot public utility and drainage easements, located along the southerly property lot line of Plat 505C, Block 1, Lot 32, Fountain Hills, as recorded in book 158 of maps, page 42 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner of Lot 32 is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Resolution 2003-57, 505C-1-32 EA03-16.doc 1 Im Im PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, October 2, 2003. l FOR THE TOWN FOUNTAIN HILLS: ATTESTED TO: W.J. Nichdls, REVIE �BY: G. Pickering, Town r Bevelyn J. B der, own Clerk APPROVED AS TO FORM: � f anaj er Andrew J. McGuire, Town Attorney Resolution 2003-57, 505C-1-32 EA03-16.doc 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 505-C BLOCK 1 LOT 32 \ LOT 45 \ LOT 46 \ \ ACT LOT 47 W E LOT 28 `� ��� '��16545 L. S \�r SCALE: 1 "=40' DATE: 9-05-03 �'��=- Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 10/2/03 Contact Person Tom Ward Requesting Action:® Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ® Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of RESOLUTION 2003-58 abandoning whatever right, title, or interest the Town has in a portion of the certain public utility and drainage easements located at the northeasterly property line of Lot 26, Block 9, Plat 111 (16244 E. Stancrest Drive) as recorded in Book 150 of Maps, Page 12, Records of Maricopa County, Arizona, with stipulation EA03-17 - Ronald S. Timms. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: The applicants submitted the application on August 21, 2003. List All Attachments as Follows: Staff memo, resolution, exhibit Type(s) of Presentation: None Signatures of Submitting Staff: De rtment Head Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: August 29, 2003 FR: Art Candelaria, Civil Enginee R RE: Easement Abandonment 03-17 Randy Harrel, Town Engineer L , 16244 E. Stancrest Drive Reviewed: Tom W rc]ADirector of blic orks Plat 111, Block 9, Lot 26 This item on the Town Council's agenda is a proposal to abandon a portion of the ten (20) foot public utility and drainage easements located at the northeasterly property line of Lot 26, Block 9, Plat 111, (16244 E. Stancrest Drive) as shown in Exhibit "A". The property owners of Lot 26 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owners of Lot 26 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2003-58, with the following stipulation: • The easterly 10' of the rear PUE/DE and the entire side PUE/DE are being retained. The property owner shall allow adequate PUE/DE access from the front (Stancrest Drive) to the rear of the lot (Ashbrook Wash). The existing 3' man -gate adjacent easterly to the house and the steel picket fence (above the two courses of masonry block) at the rear property line may remain within the retained easement until and if directed otherwise by the Town Engineer. Eric: Resolution Exhibit C: Ronald S. Timms Greg & Nancy Almeter Eric Butruff \\earth\BBrannon\Abandonment Letters and Resolutions\EA03-17 - 111-9-26.doc ,%W RESOLUTION 2003-58 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TWENTY (20') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHEASTERLY LOT LINE OF LOT 26, BLOCK 9, OF PLAT 111, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 150 OF MAPS, PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights - of -way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That a portion of the certain twenty (20) foot public utility and drainage easements, located along the northeasterly property lot line of Plat 111, Block 9, Lot 26, Fountain Hills, -as recorded in book 150 of maps, page 12 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner of Lot 26 is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Resolution 2003-58,111-9-26 EA03-17.doc 1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, October 2, 2003. FOR THE TOWN REVIEWED BY: n Resolution 2003-58,111-9-26 EA03-17.doc UNTAIN HILLS: K ATTESTED TO: 4 Bevely+J' erk APPROVED AS TO FORM: C Andrew J. McGuire, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 111 BLOCK 9 LOT 26 R i r\ \ S A/ \ O \ O IT- \ °s• '9 �oo. `lJ'I I I o"5�01\ .2-t?.% \ \ ABANDON 20' P.U.E & D.E. \ BLOCK 9 LOT 2 6 LOT 27 4ee N• s X/ LOT 25 LOT 13 0 r Isis cl44 O T 24 W E RF4PbY / \ a HARREL ;p s \ \ �•� s y. SCALE: 1 "�40' \ \ N u DATE: 9 5-03 LOT 1 \ / Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Planning Consent:® Regular:[] Meeting Date: 10/02/03 Contact Person: Denise Ruhling, Planner Requesting Action:® Tvne of Document Needing ADAroval (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 Annromiate 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 ❑ Finance Regular Agenda Wording: CONSIDERATION of a request for a SIX MONTH EXTENSION of the Special Use permit to allow a Kennel with proposed hours of operation of 5:30 a.m. to 11:00 p.m. and managers' residence on the second floor, located at 11669 N. Saguaro Blvd., aka Plat 302, Block 1, Lots 3 & 4. Case Number SU2002-09. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: On December 5, 2002, the Town Council approved a Special Use Permit, with stipulations, to allow a Kennel as stated above. In March 2003, a future development sign was issued. No permits have been issued since that time frame. According to Section 2.02 F, 1, of the Zoning Ordinance Any lapsing of the building permit prior to completion of the improvements will cause the Special Use Permit to become Null and Void. Prior to the termination of this time limit, the applicant may make a written request to the Town Council and the Council may reconsider said use permit to determine if the permit should be reissued for an additional time period or be terminated. List All Attachments as Follows: Staff Report, Letter of Request, Site Plan, Elevations, Narrative. Type(s) of Presentation: Oral Signatures of Submitting Staff: Del4rtment Head. Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING DEPARTMENT STAFF REPORT TO: Mayor & Town Council DT: October 2, 2003 FR: Denise Ruhling, Planner RE: Consideration Request of Special Use Permit to Allow Kennel. Case Number 2002-09. This request is for consideration a request for Six Month Extension of the Special Use Permit to allow a Kennel with proposed hours of operation of 5:30 a.m. to 11:00 p.m. and managers residence on the second floor, located at 11669 N. Saguaro Boulevard, aka Plat 302, Block 1, Lots 3 & 4. Case Number SU2002-09 On December 5, 2002, the Town Council approved a Special Use Permit, with stipulations, to allow a Kennel as stated above. In March 2003, a future development sign was issued. No permits have been issued since that time frame. According to Section 2.02 F, 1, of the Zoning Ordinance Any lapsing of the building permit prior to completion of the improvements will cause the Special Use Permit to become Null and Void. Prior to the termination of this time limit, the applicant may make a written request to the Town Council and the Council may reconsider said use permit to determine if the permit should be reissued for an additional time period or be terminated. Staff recommends the six-month extension of a Special Use Permit for a "Kennel with proposed hours of operation 5:30 a.m. to 11:00 p.m. and a Managers Residence on the second floor" at 11669 N. Saguaro Boulevard, Plat 302, Block 1 Lots 3 & 4 with the following stipulations as originally approved: ➢ Lots 3 & 4 must be replatted to form one lot. ➢ Property owners will provide extraordinary landscaping, conforming to the Town Center Commercial Zoning District landscaping regulations, including landscaping along the rear elevation of the commercial buildings. ➢ Only 50% of the rear -building frontage will be allowed a 5-foot setback. The remaining 50% of the rear -building frontage will be required to maintain a 10-foot setback. ➢ The property owners will pay for the development of 50% of the cost of a 2- foot wide driveway aisle, including vertical curb and gutter, from the northern corner of Lot 3 to Desert Vista Drive. ➢ The Town will abandon the alley right -of way or otherwise facilitate the property owners ability to observe a 5-foot setback along the alley frontage, as described in number 2, above. ➢ Prior to the recordation of the abandonment resolution, the property owners shall provide to the Town appropriate no build, access and other easements Pal's Inn SUP Extension Request both on the property owners land an on the right -of way that would be conveyed to the property owners to set forth the agreed upon usage and maintenance of those lands. ➢ The Town of Fountain Hills would be responsible for the costs of developing the balance of the driveway improvements between Tower Drive and Desert Vista Drive. ➢ Manager's residence may not be used as rental or to generate income. Page 2 of 2 ANTHONY DALEO sow, DONOLD LEITZEN .................................................. 9/8/2003 Re: Special Use Permit to Operate Kennel at 11669 Sahuaro Blvd I Anthony Daleo & Donald Leitzen are requesting an extension. Please give us a 6 month extension. We greatly appreacited........... Sincerely, Anthony Daleo Donald Leitzen M NARRATIVE PAL' S INN PLAT 302 BLOCK 1 LOTS 3 & 4 Pal's Inn is requesting a special use pen -nit to operate a kennel in a C-1 zoning district, provide hours open to public limited from 5:30 a.m. to 11:00 p.m., onsite staff 24-hours per day, and an open-air exercise area located at the center of the building. Pal's Inn intends to provide boarding, grooming, training and retail sales at this facility. Parking will be provided on Lots 3&4. Hours of operation are extended in the morning as a convenience to dog owners. Pal's Inn acknowledges that dog owners need sufficient time to drive to work after delivering their pets. The residence on the second floor of the building allows for 24-hour onsite care for animals boarded at the kennel. A maximum of four employees will be at the site. Pal's Inn will landscape area between the rear of the building and the North property line, taking care to reflect existing landscaping in the downtown area, and conforming with the requirements of Town of Fountain Hills requirements. Due to the complexity of design and review of the project, a 12-month limitation for securing a construction permit is requested. This facility is strategically located adjacent to the Town Dog Park to the North, commercial lots to the East and West, and Saguaro Boulevard to the South, with multi -family South of Saguaro Boulevard. Construction is scheduled to be at the end of 2002. Sewer and water are available to the lot. No adverse impact to surrounding properties is anticipated by this project. oxOF~� �vrniafga 5 �x Nrm�D O''9 m z F y co (/\] \ / O CD �OAA O !II I a r$v TA m m C'7 cni o,rn0 � O m m z x (n ^ s > It 0 l� Jr. 'Aa'Rq s� L =L yO 2~mZXi O D N O> i? 75 n r O u Z '� olo�Qo t Cy -'A�pp �' m R• n mF � NTI VI T�" n00[Dj A b Cn A N O o ~�T r5(3A V rnm rn pir''\ =iA Dx0 N A C. N C) $ds y47 Qj j O rn lx v m o EXISTING CURB \ W o S6 I� z w o \ -- _ � 1565 -�_� 1 1 I 1566 i t 1 N 1566!'J I I I toG' 'I aNv s l 19d1 a m �" 8 10.00' - 3J 1 -c 15041 16.54 T�.2S-AIERhiA 1 - I I - im I N II co O nrn I IO zc D I !� N� O I 9 I 1`�\ An Z W Ca m I' I 36 In C7 � l I N 0 I rn co °S 2% r (� C 1560. f > `n «- 1_ 2 N 31'20'00' E 150.00' A i O I 10.5' .t 9' 1 11' w �� . g \ .I ■ v I I I � I \ C JS c v; is � pv `• ycc�io D OSLm se I I \. ` . �\ > i 15.50' r-_5, Iol r �y r 560 9 a O 1 Io a \ �\ �.• \ CFI\ I \ Q 30.00'60. m \ \ \ \ \ \ \ \ f �_0 30.00' B.S.B. j �\�� y�� \\ \ / o� Y11 " o ��� \\. \ I,, s'� as o c AP m I-+ N 31'20'00' E 150.00'mi I '� m y Mc g I o == I ,.a� AID O z — N n'i PAL'S INN .. Tj 062602 -M❑NTG❑MERY u�L € ENGINEERING ak MANAGEMENT, L.L.C. DRM ,,,� 16716 E. PARKIAEW AVE. SUITE 204 e,w zq PLAT 302 BLOCK 1 LOT 3 & 4 nq5 NOTED FOUNTAIN HILLS, ARIZONA 85268 �(480) 837-1845 (o. (480) 837-8668 11669 SAGUARO BOULEVARD SITE PLAN a -moil: dmontgomeryl®gweet.nel �, wa of-- • 0 ,o" �AIN yf�t c y �o l: 0 fsr. 19e9 •9��thet is October 2, 2003 Town of FOUNTAIN HILLS To the Honorable Mayor Nichols and Town Council, The Committee wishes to thank the Mayor and Council for the privilege of serving in this capacity. We all love Fountain Hills and want the best for our Town and have attempted to make our decisions based on that desire. I think it is appropriate to state that the land under question was appraised at nearly $32 million dollars two years ago. State Land appraisals are only good for 6 months, so the land will have to be reappraised no matter what happens. Due to the growing scarcity of land in the greater Phoenix area, land values have been skyrocketing. In addition, when State Land has recently gone to auction, the bidding price has been double the appraised price. These facts have been published widely during the Committee's deliberations. The Committee is also aware of the Town's financial circumstances and limited bonding capacity. To those who may question why the Committee did not focus more on how the Town could acquire the land as open space, that is the answer. After deliberation, the Committee makes the following recommendations regarding the 1278 acres of State Trust land adjacent to the Town of Fountain Hills: 1. The Committee recommends that the State Land Department be contacted as soon as possible to begin to work on a land use plan that will combine open space preservation, parks and trails with a good development plan of most benefit to the community; in other words, to plan for development and conservation at the same time. State Land Commissioner Winkelman has indicated in the press that he favors working with the Town of Fountain Hills in this manner. Along with this recommendation, the Committee further suggests that: A. The Town Council appoint a five -member committee to work with the State Land Department on a development plan, B. This committee work with both the State Land Department and any developer who may purchase the land, and C. Such a committee report to the Council and Town on a regular basis. E:\October 2 State Trust Land Ad hoc Committees's recommendations.doc 1 - 16836 East Palisades Boulevard, Building C - P.O. Box 17958 - Fountain Hills, Arizona 85269 - (480) 837-2003 - FAX: (480) 5 October 2, 2003 Page 2 The Committee agrees on the desirability of public parks, trails and open space in the State Lands. Therefore, we recommend that the areas defined by Director of Parks and Recreation Mark Mayer be part of the development plan and, if there is development, to have them provided by the developer as an enhancement to the development as well as an asset for the Town. 2. The Committee recommends that the Town immediately apply for annexation. The benefits of annexation seem to outweigh the burdens. Annexation will give the Town income from development through building permits and impact fees. It will also provide bargaining power for the Town in working with the developer on cooperative planning and on limiting some of the possible negative effects of development. Since the application process under the State Land Department takes time and since there are rumors of developers ready to bid on these lands, the Committee further recommends that the Town ask that the lands be withheld from auction until the planning process is complete. If it is determined that the application for annexation will not result in the land being withheld from auction during the annexation process, then the Council may wish to request, prior to the expiration of the withdrawal order, an extension of time. Since a demonstration of "significant progress" is required with a request for an extension of time, the Council may also wish to consider a small bond measure to purchase approximately 30 acres of land contiguous to the new middle school for a community park as a way of demonstrating significant progress. In any case, the Committee recommends that the Council take whatever steps necessary to show significant progress to request an extension of time. Kindest regards, ` My Srhith, Chair E:\October 2 State Trust Land Ad hoc Committees's recommendations.doc I0t2/2003 N NOI'LVNIVINAVA TGAio aan.L404 Z-; N S V% �l M w 0 O W con W Ell �i N 0 `%W c 6F} to N � 64 00 Oo o ,-: ,-.4 It 6c} ol4 Oo 00 �p --4 .--, 6,q b4 N613 b�? In 6F? bR? 6F? ^" p. gicz 41 U M u z c°7 z 0 G' NO � OO O (14 p �00 O IC IC if) 'Itt ON l- _ r- o0 oo M O O ON —+ O \O ON O N N 69 M N M 64 6R 6/} _ �••i 69 69 6R 61. O ON ON N O ^-� W) 00 pO O M 00 r- Itr-i oo cr O oo N cq 6Mf3 6 4 64 6IzR b4 b9 O N O 000 00 -1 - 00 O O O M 69 6R 69 64 Coll CIOF v) N a H Q ¢ o a cz �4 � � a w o o F- �. � a z r- ti v q w � W � O W � w con Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 10/2/03 Submitting Department: Parks and Recreation/Community Center Consent:❑ Regular:® Requesting Action:® TVDe of Document Needing Aunroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: appointment Council Prioritv (Check Anoronriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Contact Person: Mark Mayer Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: CONSIDERATION of appointing a citizen to fill the vacancy on the Community Center Advisory Commission. Staff Recommendation: Approve Fiscal Impact: No $00 Purpose of Item and Background Information: On September 22°d, two applicants were interviewed by the Town Council to fill one vacancy for the Community Center Advisory Commission. The two candidates are Bob Yordy and Joan Aprea. Council will meet in Executive Session on October 2nd to discuss the candidates' qualifications. The new commission member will then be appointed that same evening at the regular council meeting. List All Attachments as Follows; . None Type(s) of Presentation: none Signatures of Submitting Staff: Department Head Budget Review (if item not budgeted or exceeds budget amount) Town Manager / Designee \\earth\sstein\agenda cover sheet\agenda cover sheet ccac.doc Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Planning Consent:❑ Regular:® Meeting Date: 10/2/03 Contact Person: Tom Ward Requesting Action:® Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: appointment Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: CONSIDERATION of appointing three citizen to fill the vacancies on the Planning & Zoning Commission. Staff Recommendation: Approve Fiscal Impact: No $00 Purpose of Item and Background Information: On September 22°d, five applicants were interviewed by the Town Council to fill three vacancies for the Planning & Zoning Commission. A sixth candidate was interviewed prior to Sept. 22nd by Mayor Nichols, as the candidate was going to be out of the country on Sept. 22°d. The six candidates are Mike Downes, William O'Brien, Gary Kida, Robert Deppe, John Ewald and Wayne Tall. Council will meet in Executive Session on October 2°d to discuss the candidates' qualifications. The new commission members will then be appointed that same evening at the regular council meeting. List All Attachments as Follows:. None Type(s) of Presentation: none Signatures of Submitting Staff: Department Head Budget Review (if item not budgeted or exceeds budget amount) Town Manager / Desig e \\earth\sstein\agenda cover sheet\agenda cover sheet planning&zoning.doc Town of Fountain Hills Town Council Agenda Action Form Meeting Type': Regular Meeting Submitting Department: Public Works Consent:❑ Regular:❑ Meeting Date: 10/2/03 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Type of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Avorooriate 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: RECONSIDERATION of the final plat for the "The Summit at Crestview", a 68 unit multi -family condominium subdivision of 56.65 acres of land located at the Northwest corner of Shea and Palisades Boulevards, Case #S2001-08. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This request by MCO Properties L.P. is for approval of the final plat for "The Summit at Crestview", a 68 unit multiple -family subdivision. This Parcel of land was annexed into the Town of Fountain Hills in February 1999 pursuant to the "Pre -Annexation Development Agreement" with MCO Properties. On September 18, 2003, the Town Council approved the final plat with a 4-3 vote. Councilwoman Leesa Stevens has requested this item be reconsidered by Town Council. List All Attachments as Follows: Staff Memo Type(s) of Presentation: NA Signatures of Submitting Staff: O'��/// D partment HHead.. v( + Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING DIVISION TOWN COUNCIL MEMO TO: The Honorable Mayor and Town Council DT: September 25, 2003 FR: Dana Burkhardt, Senior Planner RE: Reconsideration of the final plat for "The Summit at Crestview"; Case #S2001-08 On September 18, 2003, the Town Council approved the final plat with on a 4-3 vote, with the stipulations listed below. Councilwoman Leesa Stevens has requested Town Council reconsider this agenda item. RECOMMENDATION: Staff recommends the Town Council approve the final plat for "The Summit at Crestview", with the following stipulations: 1) The applicant will revise the final plat to show the Hillside Protection Easement boundary. The applicant will also include within allowed disturbance area, all grading activity that is not exempt from Article 504 (B) of the Town of Fountain Hills Subdivision Ordinance. 2) The applicant shall provide a slope analysis exhibit identifying all areas exempt from land disturbance requirements and provide calculations accordingly. 3) The applicant shall address all improvement plans to the Towns satisfaction, and receive approval of such plans prior to final plat recording. 4) In the event the applicant chooses to provide a hipped roof design, building plans will be reviewed for zoning conformance and the final condominium plat shall be redrawn to reflect that change. 5) Provide a 6' meandering sidewalk from the entrance, south to Shea Blvd. 6) Landscape the Shea Blvd right-of-way frontage shoulder, fill slopes and disturbed areas. 7) Landscape the Palisades Blvd right-of-way frontage where disturbed, dead, reconstructed, and/or currently un-vegetated areas. Reconnect and maintain the existing frontage shoulder and slope landscaping and irrigation. 8) Provide a fire hydrant at the waterline connections at Shea and at Palisades. 9) Reimburse the Town for its portion of the cost of Shea Blvd. widening improvements of $60,700. 10) Prior to final plat recording, submit to the Town the Council approved Hillside Protection Grant of Easement's over Crestview Parcels "A, B, C, and E" of Parcel 1 for review and recording. 11)Provide a revised Drainage Report that complies with all Engineering Department comments with final plat submittal. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 10/2/03 Submitting Department: Public Works Contact Person: Tom Ward Consent:❑, Regular:N Requesting Action:® Tvue 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 ADDronriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ® Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda wording: Consideration of RESOLUTION 2003-54 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the westerly property line of Lot 31, Block 4, Plat 605A (15727 E. Mustang Drive) as recorded in Book 155 of Maps, Page 21, Records of Maricopa County, Arizona. EA03-13 - Deerefield Homes. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: The applicants submitted the application on August 12, 2003. List All Attachments as Follows: Staff memo, resolution, exhibit Type(s) of Presentation: None Signatures of Submitting Staff: Depirtment Head ,� �X �? 6 3 Town anager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: August 15, 2003 FR: Art Candelaria, Civil Enginee RE: Easement Abandonment 03-13 Randy Harrel, Town Engineer 4oPublic 15727 E. Mustang Drive Reviewed: To , Director Works Plat 605A-4-31 This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the westerly property line of Lot 31, Block 4, Plat 605A, (15727 E. Mustang Drive) as shown in Exhibit "A". The property owners of Lot 31 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot �r• drainage runoff. The property owners of Lot 31 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2003-54. Enc: Resolution Exhibit C: Daniel & Elizabeth Kuchan James & Lynn Jones Deerefield Homes Ltd. \\earth\BBrannon\Abandonment Letters and Resolutions\EA03-13 - 605A-4-31.doc 4 RESOLUTION 2003-54 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE WESTERLY LOT LINE OF LOT 31, BLOCK 4, OF PLAT 605A, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS, PAGE 21, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council'), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights - of -way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That a portion of the certain ten (10) foot public utility and drainage easements, located along the westerly property lines of Plat 605A, Block 4, Lot 31, Fountain Hills, as recorded in book 155 of maps, page 21 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner of Lot 31 is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Resolution 2003-54, 605A-4-31 EA03-13.doc 1 0 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, October 2, 2003. FOR THE TOWN OFF TAIN HILLS: ATTESTED TO: IXT W.J. ichols, Nfayor Bevelyn J. Be der iown Clerk REVIEWE Y• APP OVED AS TO FORM: l Tim G. Pickering, Town Manager Andrew J. McGuire, Town Attorney Resolution 2003-54, 605A-4-31 EA03-13.doc 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 605-A BLOCK 4 LOT 31 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:❑ Regular:❑X Meeting Date: 10/2/03 Contact Person: Tom Ward Requesting Action:® Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Apnronriate Arens). ❑ 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 ❑ Finance Regular Agenda Wording: Consideration of RESOLUTION 2003-55 abandoning what ve5 right, title, or interest the Town has in certain public utility and drainage easements located at thee,`` `�y property line of Lot 19, Block 1, Plat 602A (15603 E. Palisades Blvd.) as recorded in Book 161 of Maps, Page 42, Records of Maricopa County, Arizona. EA03-14- S. Jamieson. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: The applicants submitted the application on August 12, 2003. List All Attachments as Follows: Staff memo, resolution, exhibit Type(s) of Presentation: None Signatures of Submitting Staff: / partment Head _ Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: August 15, 2003 FR: Art Candelaria, Civil Enginee 7 �4 RE: Easement Abandonment 03-14 Randy Harrel, Town Engineer L 15603 E. Palisades Blvd. Reviewed: T rd, Director of P blic Works Plat 602A-1-19 This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the southerly property line of Lot 19, Block 1, Plat 602A, (15603 E. Palisades Drive) as shown in Exhibit "A". The property owners of Lot 19 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owners of Lot 19 are required to pass the developed flows generated by the upstream lots across their property. (Please note: Your house's driveway front and right-of-way area will need to preclude water on the frontage road from entering your property. Your driveway's high point will likely need to be about 8" - 12" above the street gutter.) Staff recommends approval of Resolution 2003-55. Eric: Resolution Exhibit C: Carol & Gary Carlin Donald & Patricia Riley Greg & Olga Carlson Marvin Palmer Sinikka Jamieson \\earth\BBrannon\Abandonment Letters and Resolutions\EA03-14 - 602A-1-19.doc 01 RESOLUTION 2003-55 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY LOT LINE OF LOT 19, BLOCK 1, OF PLAT 602A, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights - of -way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That a portion of the certain ten (10) foot public utility and drainage easements, located along the southerly property lines of Plat 602A, Block 1, Lot 19, Fountain Hills, as recorded in book 161 of maps, page 42 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner of Lot 19 is required to pass the developed flows generated by the upstream lots across their property. SF.C'TTON 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Resolution 2003-55, 602A-1-19 EA03-14.doc 1 0 a PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, October 2, 2003. FOR;THETOWN OF UNTAIN HILLS: ATTESTED TO: W.J. Nichol Mayor Bevelyn J. nde •, Town Clerk REVI�7D Y: APP OVED AS TO FORM: jj � / -, zf� -, Tim dpi,ciering, Town M loge Andrew J. McGuire, Town Attorney Resolution 2003-55, 602A-1-19 EA03-14.doc 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 602-A BLOCK 1 LOT 19 I--- \GE N 6 BLOCK 1 LOT 19 .00 `� Os ABANDON 10' � P.U.E & D.E.�� LOT 18 E S SCALE: 1"=40' LOT 31 DATE: 8-19-03 LOT 20 LOT 30 6:79 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Planning Consent:❑ Regular:® Meeting Date: 10/02/03 Contact Person: Denise Ruhling, Planner Requesting Action:® TVne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Aim omiate 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 ❑ Finance Regular Agenda Wording: Public Hearing to receive comments on Ordinance 03-19 amending Chapter 5 of The Zoning Ordinance for the Town of Fountain Hills, relating to the requirements for accessory buildings and solar units. Case Number Z2003-07. Consideration of Ordinance 03-19 amending Chapter 5 of The Zoning Ordinance for the Town of Fountain Hills, relating to the requirements for accessory buildings and solar units. Case Number Z2003-07. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: The standard appeals process, as outlined in section 2.07 of the Zoning Ordinance, requires an applicant wishing to appeal requirements for items such as height, setbacks, coverage, etc., to file a request for variance. The addition of a Special Use Permit appeal for these items is not consistent with the appeal process required in the Zoning Ordinance. Staff has discussed this inconsistency with the Town Attorney and is requesting that the appeal by Special Use Permit be eliminated to provide a process that is consistent throughout the Zoning Ordinance and eliminate any confusion regarding the appeal process. List All Attachments as Follows: Staff Report; Ordinance 03-19. Type(s) of Presentation: Oral Signatures of Submitting Staff: J1.4 /,106b/ 4- - - Dep tment Head lo 7 Town anager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING DEPARTMENT STAFF REPORT TO: Mayor &Town Council 11 October 2, 2003 -tPT: FR: Denise Ruhling, Planne — RE: Consideration of Ordinance 03-19. Case # Z2003-09 This request is for consideration of Ordinance 03-19 amending Section 5.06 H and I of the Town of Fountain Hills Zoning Ordinance as it relates to requirements for accessory buildings and solar units. On May 16, 2002, Ordinance #02-08 was adopted, amending requirements for accessory buildings and solar units. This amendment included a process to allow the requirements to be appealed to the Town Council by Special Use Permit. The standard appeals process, as outlined in section 2.07 of the Zoning Ordinance, requires an applicant wishing to appeal requirements for items such as height, setbacks, coverage, etc., to file a request for variance. The addition of a Special Use Permit appeal for these items is not consistent with the appeal process required in the Zoning Ordinance. Staff has discussed this inconsistency with the Town Attorney and is requesting that the appeal by Special Use Permit be eliminated to provide a process that is consistent throughout the Zoning Ordinance and eliminate any confusion regarding the appeal process. The Planning & Zoning Commission reviewed this Ordinance at their September 26, 2003, meeting and voted unanimously to recommend approval. I ORDINANCE 03-19 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 5 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS RELATING TO THE REQUIREMENTS FOR ACCESSORY BUILDINGS AND SOLAR UNITS. WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance No. 93-22, on November 18. 1993, adopting The Zoning Ordinance for the Town of Fountain Hills (the "Zoning Ordinance"); and WHEREAS, the Town desires to amend the Zoning Ordinance to modify the requirements for accessory buildings and solar units; and WHEREAS, the Town has published the proposed text changes in The Times of Fountain Hills and Rio Verde on September 10, 2003; and WHEREAS, pursuant to ARIZ. REV. STAT. § 9-462.04, public hearings were advertised in the September 10, 2003 editions of The Times of Fountain Hills and Rio Verde; and WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission on September 25, 2003 and by the Mayor and Council of the Town of Fountain Hills (the "Town Council") on October 2, 2003. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Zoning Ordinance, Chapter 5, General Provisions, Section 5.06, Yard, Lot and Area Requirements, is hereby amended as follows: H. Large Accessory Buildings (Detached). Any detached accessory building greater than 120 square feet in size, shall not be located in any building setback, shall be at least six (6) feet from the main structure, shall be located behind the front line of the primary structure on the front, and behind the street side of the primary structure on the street side of a corner lot, and shall not exceed fifteen (15) feet in height. I. Solar Units. Solar heating, cooling units, solar greenhouses and associated apparatus shall be located behind the front line of the primary structure on the front, and behind the street 9196.001\Ordinances\03-19 Zoning Ord Amend.ord.doc 9-25-03-1 1 side of the primary structure on the street side of a corner lot, shall not cover more than thirty (30) percent of any side or rear yard, shall be at least three (3) feet from any rear and side lot lines, shall be at least six (6) feet from any other structure, and shall not exceed twelve (12) feet in height. With the exception of the solar panels, any solar heating or cooling unit shall be screened from public view. SECTION 2. This amendment replaces all previous amendments or adoptions to Chapter 5.06 of the Zoning Ordinance. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision 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, October 2, 2003. FOR TH OW F FOUNTAIN HILLS ATTESTED TO: J W.J. chols, Nhyor Bevelyn J. Be erg own Clerk REVED BY: APPROVED AS TO FORM: i Tim G. Pickering, Town Ma Andrew J. McGuire, Town Attorney 9196.001\0rdinances\03-19 Zoning Ord Amend.ord.doc 9-25-03-1 NA Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 10/2/03 Submitting Department: Com. Dev. Contact Person: Dana Burkhardt, Senior Planner Consent:❑ Regular:❑ Requesting Action:® Report: *:E] Tvne of Document Needing Anaroval (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 ADDrobriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of the FINAL PLAT for Parcel 8 at Eagles Nest, a 19 lot single family subdivision of 53.34 acres of land located in the northeast corner of the Eagles Nest Final Plat, Case#S2002-34. _. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: On October 4, 2001, Town Council approved the preliminary plat for the Eagles Nest subdivision, Case Number S1999-25, for 244 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagles Nest, with eleven large parcels and the Mountain Parkway private roadway (backbone road). This request is to subdivide Parcel 8 of the Final (Master) Plat of Eagles Nest. List All Attachments as Follows: Staff Report; Vicinity Map; Application; Final Plat Reduction Tvpe(s) of Presentation: N/A Signatures of Submitting Staff: D artment Head - G1 Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: September 24, 2003 FR: Dana Burkhardt, Senior Planner �� RE: S2002-34; Final Plat "Eagles Nest Parcel 8", a 19 lot, four -tract subdivision. LOCATION: The northeastern portion of the Eagles Nest Master Plat, abutting the southern boundary of McDowell Mountain Regional Park. REQUEST: Consideration of the Final Plat for Eagles Nest Parcel 8, a 19 lot, four -tract single- family residential subdivision. DESCRIPTION: OWNER: APPLICANT: EXISTING ZONING: EXISTING CONDITION: PARCEL SIZE: MCO Properties MCO Properties "R1-43" Zoning Districts Undeveloped land 53.34 acres SURROUNDING LAND USES AND ZONING: NORTH: Parcel 7, Zoned "R143" & McDowell Mountain Regional Park; zoned "Open Space Recreation" SOUTH: Lot 34, Block 1, Plat 506-C; zoned "R1-35" EAST: Eagles Nest Parcel 9; zoned "R1-43" WEST: Eagles Nest Plat 506-B; zoned "R1-10" SUMMARY: This request is for approval of the final plat for "Eagles Nest Parcel 8", a 19 lot, four -tract single- family subdivision. This is a replat of the Eagles Nest Final Plat, Parcel 8, in accordance with the approved preliminary plat lot configuration for Eagles Nest. This Final Plat is located within a private/gated master subdivision with access from the proposed Mountain Parkway. The final plat provides 15 residential lots accessed from "Brushwood Dr.", which is a 2,550 lineal foot hillside local road cul-de-sac. Lot 1 is accessed from Mountain Parkway, and Lots 2 & 3 are accessed from "Copper Crest Dr.". The maximum lot area proposed is 131,167 square feet, the minimum lot area is 45,469 square feet, and the average proposed disturbance area for each lot is approximately 21,121 square feet. The individual lot developer is required to grant to the Town, a hillside protection easement over the remainder of the undisturbed lot area prior to building permit issuance. M EVALUATION: On October 4, 2001, Town Council approved the preliminary plat for the Eagles Nest subdivision, Case Number S1999-25, for 244 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagles Nest, with eleven large parcels and the Mountain Parkway private roadway (backbone road). This request is to subdivide Parcel 8 of the Final (Master) Plat of Eagles Nest. Staff has reviewed this final plat application and the improvement plans submitted by MCO Properties against the approved preliminary plat, the approved final (master) plat, the approved cut and fill waiver, and the Subdivision and Zoning Ordinances as amended by the "Settlement Agreement" approved by Town Council on December 4, 2001. This final plat substantially conforms to all prior approvals and meets the requirements of the Settlement Agreement if approved with Staff's stipulations. The only modification made to this final plat from the approved preliminary plat is the horizontal alignment of "Brushwood Dr.". The preliminary plat provided a lineal cul-de-sac roadway, which has been slightly modified to incorporate a meander to follow the natural topography. This parcel does not propose any joint use driveways to access the individual lots. The following table provides the approved final plat lot count and disturbance area allocations, including Parcel 8: Parcel # Total Acres # of Lots Allocated Disturbance in sq. ft. 6 66.92 40 968,700 7 17.328 13 264,800 8 53.34 19 401,300 9 48.71 26 573,700 10 54.43 32 700,800 Totals: 240.728 130 2,909,300 Allowed: 244 5,538,800 Residual: 114 2,629,500 Average dist. for remaining lots: 23065.78947 RECOMMENDATION: Staff recommends approval of S2002-34; Final Plat of "Eagles Nest Parcel 8", with the following stipulations: 1) Prior to final plat recordation, provide final acceptance for water service from Chaparral City Water Company, including the approved water service plans for review. 2) Comply with all Town improvement plan review comments, and submit all remaining supporting improvement plans and documents. Prior to final plat recordation, all improvement plans, including grading and paving plans, landscape and irrigation plans, con -arch and drainage structure designs, and all utility service plans must be approved by the Town. 3) Prior to final plat recordation, submit subdivision construction assurances acceptable in form and amount to the Town Engineer and Town Attorney. 4) Provide the Town with a copy of the recorded CC&R's to show conformance to Article 6.2.5 of the Settlement Agreement, which provides verbiage that restricts any further subdivision of these lots. 5) Provide a Geotechnical Report (approved by the Town Engineer) prior to Final Plat recordation. 6) Prior to final plat recordation, provide a re -vegetation plan, which identifies all previously disturbed areas on this parcel. Also, show on the landscape plans all proposed subdivision improvement disturbance, including proposed utility disturbance, and provide a re -vegetation plan for those areas. 7) Prior to final plat recordation, provide the conceptual driveway locations and proposed building envelopes with the subdivision improvement plans for the purpose of locating utility stub outs to each lot to minimize the required disturbance for individual lot development; or provide a letter to the Town agreeing to permit the relocation of utilities, including sewer and water laterals, to accommodate individual lot development after the roadways are paved. aF''�► ��s;4Ap' r��--� a o A �p �, goo �at�. ,. .i�1f+,o.�..r-s�,ce ®t►@ : � �� ® A©Et� IF �:.a, � � ;_�►®ems ©���liy . ' i rW' cY'l''W,.Tl�rtt' Y M .er'�` �V eINovo �►�,:`4WI _ - s PBA 1!02 The Town of Fountain Hills COMMUNITY DEVELOPMENT DEPARTMENT I Case Ma ag r: Oniy Fountain Hills, Arizona Area Specific Plan or Change General Plan Amendment Plan of Development Zoning Change Variance NATURE OF THE REQUE PROJECT NAME 1��Ck - APPLICATION Preliminary Plat Cut/Fill Waiver Special Use Permit SU Comprehensive Sign Plan HPE Change or Abandonment State: Zip: Mrs. Owner: - Cam' Da Phone 4 Mr. y Ms. Address: City: State: Zip: If application is being submitted by someone other than the owner of the property under consideration, the section be/ow must be completed. SIGNATURE OF OWNER I HEREBY AUTHORIZE Subscribed and sworn before me this DATE Please Print TO FILE THIS APPLICATION. day of , Zp My Commission Expires Notary Public FILING DATE: FEE PAID: ACCEPTED BY: (See Fee Schedule) Application Page 2 of 7 Case Number P pig � P W ���m 0 2$ z W it J W V P a a J a. 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TOWN OF FOUNTAIN HILLS OFFICE OF ADMINISTRATION INTER OFFICE MEMO TO: Honorable Mayor Nichols, Town Council, Town Manager Pickering DT: September 25, 2003 FR: Bev Bender, Town Clerk RE: Fountain Hills Re-Precincting On Saturday, September 20, 2004 I attended the Maricopa County Elections' public hearing on re-reprecincting. Approximately 60 voting precincts will be re -drawn to implement the new Legislative Lines adopted by the Independent Redistricting Commission and approved by the Department of Justice. Because of the consistent growth in the county, a number of precincts were created. This effort is to accommodate the voters' ability to reach polling sites easier and reduce long lines at the polls. This re-precincting will only affect voting precinct lines. I have attached information from the Maricopa County website which reviews their process as well a copy of each page listed in order to familiarize you with the public information being provided: www.recorder.maricopa.gov/redistrict. I will update the Council, as information becomes available. If you have any questions, I may be contacted at 480-816-5115. EAClerk\ELECTION\March 2004 Election\Council Re-precincting Update.doc 9/25/03 Maricopa County Redistricting and Reprecincting Page 1 of 1 Homel Recorderl Electionsl Did You Knowl Imagingl What's Newl Hoursl Sei Candidate/ Campaign Information District Locator Early Voting Ballot Request Election Board Worker Info Election Calendar Election Results District Maps Redistricting Judicial Performance Review Kids Voting Polling Place Locator Press Release Register To Vote Voter Registration Figures Publications En Espanol Maricopa County Elections Redistricting and Reprecincting The Maricopa County Elections Department will be redrawing its Voting Precinc during the Fall of 2003 to prepare for next years' elections. These changes are necessary due to the growth of the county, citizens' requests, and pending changes to the 2004 Legislative lines by the Arizona Independent Redistric Commission. Maricopa County is not changing its Board of Supervisors Districts, Community College Districts, or Justice Precincts at this time. This page is a gateway to all of the information related to Maricopa County's reprecincting efforts. You will be able to find information on precinct changes, view maps and data about changes, and submit comments about areas that interest you. There was one public hearing on the precinct changes on September 20. Use the links below to find the information that interests you: • Reprecincting Timeline Find out what's going on and when. • Public Comment Form Tell us what you think right now! Deadline for Comments & Suggestions is October 10. • Interactive Map of the New Voting Precincts Zoom in, zoom out, pan, identify, compare new voting precincts to old precincts and other distri Opens in a new window. • List of all Voting Precincts & Changes Scroll to the bottom of the list to see adds and deletes. http://recorder.maticopa.gov/redistrict/ 9/23/2003 Maricopa County Redistricting and Reprecincting Page 1 of 1 Homel Recorderl Electionsl Did You Knowl Imagingl What's Newl Hoursl Sei A on Maricopa County Elections Redistricting and Reprecincting Candidate/ Campaign Information District Locator The Maricopa County Elections Department will be redrawing its Voting Precinc Early Voting during the Fall of 2003 to prepare for next years' elections. Ballot Request Election Board Here is the expected timeline of reprecincting activities: Worker Info Election Calendar P Reprecincting . September 10 - Re recinctin information available Election Results District Maps • September 20 - Public Hearing at the University Office Redistricting . October 10 - Deadline for comments and suggestions Judicial Performance Review . October 22 - Board of Supervisors action on new precincts Kids Voting Polling Place • November 1 - Send precinct submission to US Department of Justice fo Locator Preclearance Press Release Register To Vote . December 31 - Receive DoJ Preclerance Voter Registration . February 9 - mail new Voter ID cards to Voters whose precincts change Figures Publications En Espanol http://recorder.maricopa.gov/redistiict/timeline.asp 9/23/2003 Reprecincting Comment Form Page 1 of 1 Reprecincting Comment Form Please enter some information with your comments for the Proposed Voting Precincts. None of the fields are required to submit anonymous comments, and anyone can submit them. However, in order for your comments to be part of the official Reprecincting record you must: ** Provide your name Provide a means to contact you for any follow up questions (Address, Phone, or email) Any information you provide will be used for no other purposes except participation in the Reprecincting Process. First Name: Last Name: Address: City, State, Zip: Phone Number: E-Mail: How Would You Rate This Plan? Excellent C Very Good C Good C Average (7 Below Average r Poor Comments: http://156.42.40.10/precinctcomments/comment_form.asp 9/23/2003 Maricopa County Recorder / Elections Department Page 1 of 1 R Maricopa County Recorder / Elections Department Online Mapping Map produced online from recorder.maricopa.gov http:// 156.42.40.10/mapping/Reviewerlite/printpreview. asp?Legend=http://recorder.ma... 9/23/2003 IR Maricopa County 2004 Voting Precinct Change List 0257 ESTRELLA No Changes 0258 EUCLID No Changes 0259 COLUMBINE No Changes 0260 EVANS No Changes 0261 EXETER No Changes 0262 FAIRMOUNT No Changes 0263 ALVARADO Conform to 2004 Leg Lines Eastern portion of Crystal Gardens 0264 FENIMORE No Changes 0265 FERN No Changes 0266 FIESTA Conform to 2004 Leg Lines Western portion to Coyote Lakes 0267 FLEETWOOD No Changes 0268 FLOWER No Changes 0269 FLYNN No Changes 0270 FOREST HILLS No Changes 0271 FORT MCDOWELL No Changes 0272 COMSTOCK No Changes 0273 CROSSROADS PARK No Changes 0274 FOXWOOD No Changes 0275 FRANKLIN Conform to 2004 Leg Lines North portions of Westward Ho & Franklin 0276 FTN HILLS 1 Increase in Population Southern portion to Ftn Hills II 0277 FTN HILLS 2 No Changes 0278 FTN HILLS 3 No Changes 0279 FTN HILLS 4 No Changes 0280 FTN HILLS 5 No Changes 0281 FTN HILLS 6 No Changes 0282 FTN HILLS 7 No Changes 0283 GALVESTON No Changes 0284 GARDEN GROVES No Changes 0285 GARDEN LAKES No Changes 0286 GARDENS Conform to 2004 Leg I...ines Noithwestern portion to Balsz 0287 DESERT WILLOW No Changes 0288 GATEWAY No Changes Page 9 of 33 9/8/2003 Maricopa County 2004 Voting Precinct Change List 1025 MARIVUE No Changes 1026 WILDCAT No Changes 1027 DOBSON PARK No Changes 1028 SKYLINE PARK Conform to 2004 Leg Lines Northern portion to Pacific Manor 1029 GOLDFIELD RANCH No Changes 1030 CARL No Changes 1031 PIONEER VILLAGE Public Request Western portion of Deadman Wash 1032 AMBERWOOD Public Request Eastern portion of Sun Lakes 1 1033 BETHANY PARK Conform to 2004 Leg Lines Portion of Montebello & Oneil 1034 CAPITOL SCHOOL Conform to 2004 Leg Lines Lower portion of Old Westward Ho 1035 CHAPARRAL WINDS Increase in Population Eastern portion of old Sarival 1036 DESERT EDGE Increase in Population Southeast portion of Perryville 1037 EAGLES NEST Increase in Population Center portion of Pebble Creek and Palm Valley 1038 ESPERANZA Conform to 2004 Leg Lines Southern portion of Signal Butte & western half of Escondido 1039 FTN HILLS 8 Increase in Population Southern portion of Ftn Hills 1 1040 GREY HAWK Conform to 2004 Leg Lines Portions of Pinnacle West & Windrunner 1041 HAWES Conform to 2004 Leg Lines Southern portion of Viewpoint & Northeast portion of Wier 1042 HOLMES Conform to 2004 Leg Lines Portions of St Vincent, Acuna & Vernon 1043 HULL Increase in Population Western portion of old McQueen 1044 KENILWORTH Public Request Lower portion of Wilshire 1045 LINDA Conform to 2004 Leg Lines Southern portion of Kelton 1046 LONGMORE Conform to 2004 Leg Lines Portions of Mesa 071, 076, 090 & 091 1047 LUDDEN Increase in Population Center portion of old Sarival 1048 MCDOWELL Conform to 2004 Leg Lines Lower portion of Richland 1049 NORTH MOUNTAIN Conform to 2004 Leg Lines Southern portion of Willow 1050 TUSCAY FALLS Increase in Population Western portion of Pebble Creek and Palm Valley 1051 TYSON Increase in Population Southern portion of Laredo 1052 WEATHERBY Conform to 2004 Leg Lines Southern portion of old Longhorn CALLE Reconfigure Combined with Scottsdale MESA 009 Public Request lCombined with Falcon Field FALCON FIELD Public Request Combined with Mesa 009 POLK Conform to 2004 Leg Lines lCombined with surrouning precincts ROVEEN Conform to 2004 Leg Lines lCombined with surrouning precincts Page 33 of 33 9/8/2003 TOWN OF FOUNTAIN HILLS OFFICE OF INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: September 16, 2003 FR: Tom Wa , ctor of Public Works RE: Grant of Easement EAA 03-01 Plat 505C, Block 2, Lot 10 - r/ The Engineering Department approves this Grant of Easement. In accordance with our previous practice, no Council action is required for a grant of easement. This memo is merely for your information. This grant of easement by Steven G. Reiner is to grant a 10' x 10' Public Utility Easement at the southeast corner of Lot 10, Block 2, Plat 505C. att. Grant of Easement Exhibit A EAAbandonment Letters and Resolutions\EAA03-01 Council Notification Memo.doc When Recorded Return To - Public Works Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 GRANT OF EASEMENT Steve Reiner grantor, for good and valuable consideration, hereby grants to the Town of Fountain Hills, Arizona, grantee, a municipal corporation, its successors and assigns, and to public utilities, a perpetual easement for the following purposes, namely: 10'x10' Public Utility Easement at the southeast corner of Lot 10, Block 2, Plat 505C, Fountain Hills, Arizona, Book 158 of Maps, Page 42, MCR. on, over, under and across the ground embraced within the aforementioned plat as depicted in Exhibit "A", situated in the Town of Fountain Hills, State of Arizona. Grantor covenants that grantor is lawfully seized and possessed of this aforementioned tract or parcel of land; that grantor has good and lawful right to sell and convey it; and that grantor will warrant the title and quiet possession thereto against the claim of any person whatsoever. Dated this a (o day of , 2003. By:- M. OctAtN—u h 16- STATE OF Ol CM� 812d San Di � o ) ss. County of M J ) SUBSCRIBED AND SWORN TO before me this day of S 2003, by Notary Public`" My Commission Expires: j�Y I Z •`" °''. OFFICIAL SEAL - CARLA THOMMARSON NOTARY PUBLIC-CALIFORNIAc E:Wbandonment Letters and Resolutions\Grant of Easement SOSC-2-10.doc SAN DIEGO COUNTY COMM. NO. 1408584 ^" MY COMM. EXP. APRIL 1, 2007 ��wcr�r TOWN OF FOUNTAIN HILLS EASEMENT ACQUISITION EXHIBIT "A" PLAT 505-C BLOCK 2 LOT 10 ABANDONMENT ""�MCR 03-0697345 RES 2003-15 LOT 30` „7. LOT 9 �. N -- ,5� ; 3 == 1�8 95 ABANDONMENT r -= =! ABANDON 10' MCR 91-0580816 =��P.U.E ;=- - & D.E. RES 1991-23 `___= (BY SEPtAARATE {-_- DOCUMENT) LOT 31 �K=- lvrS``r= BLOCK 2 LOT 10 NEW 10'x10' P.U.E.��_ - - N 86'29'23" E -' 161.25 LOT 11 N W E S SCALE: 1 "= 4-0' DATE: 08-18-03 r_ Rr'?10Y L. i W/ r O � r r I I LOT 53 I I I I ICOBBLESTONE LANE J I September 28, 2003 owl Dear Mayor/Town Council, I am writing this e-mail because of the concern I have regarding a possible Business Privilege Tax for service businesses as mentioned in the Arizona Republic on 9/23/03 and again as an editorial on 9/25/03. In the Fountain Hills Times on 9/24/03, the article written about the 5 year plan, a list of capital funding options were listed but no mention of a Business Privilege Tax. I feel the Town should be concerned with the welfare of our businesses. Charging the service industry a tax will also effect all Fountain Hills residents who use our services. As a business person, I can not absorb the tax and would have to pass it on to my customers. Some people in Fountain Hills have the perception that Fountain Hills businesses charge more for their services. This is not true and I challenge anyone to compare prices for services rendered by Fountain Hills businesses and out of the area businesses. So, how can the town generate additional revenue? " To all people doing business in the Town of Fountain Hills," "Pursuant to local ordinance 90-8, section 8-1-1-A, it is unlawful for any person to carry on any trade, calling, profession, occupation or business within the town limits without first having procured a license from the town to do so." On 4/18/02, I requested a list from the town for all pest control companies that have a license to do business in Fountain Hills. That list produced 15 companies. I then conducted a visual survey for the next 2 weeks and found 9 companies doing business M in Fountain Hills and not on the list. This is only one of many service industries that are effected. If the town can enforce their own ordinances and have outsiders pay their share of fees, additional revenue would be generated annually. TAXING THE SERVICE INDUSTRIES IS NOT THE BEST INTEREST FOR THE TOWN OR ITS RESIDENTS! Sincerely, Joseph M. Polese Polese Pest Control Jpolese@aol.com 480-836-7378 Ln�r' oG L ErrE as �tz Q v�-r-s� _ tior6 -r►�-� �.u-r L,,�si C'a�r=r c✓etir S�E� �.� ��1,J n/,r�NE C'od�Ze�-r-; Y, STATE TRUST LAND SOLUTION The membership of the Fountaan Hills Citizens for Preservation urges the Ad Hoc Committe and the Town Council to carefully consider the following proposals under the Arizona Preserve Initiative (API) as they relate to the 1281 acre State Trust Land at the northeast corner of Fountain Hills (north, east and west of the middle school). This land was re-clawified by Arizona in 1998 as suitable for conservation and was withdrawn from the commercial market for five years --this designation expires on October 27th: We propose that the Town immediately make a formal offer to the State Land Department to purchase 100 to 200 acres of the parcel as a preserve. The land was appraised 2-years ago at S23,000 per acre and is expected to be now worth S30.000 per acre due to inflation. We also propose that the offer be accompanied by earnest money in the amount of 10% with final payment due in 12 to 14 months. We propose that the Town simultaneously request that the State Land Commissioner grant a 3-year extension to the "suitable for conservation" status. The formal offer described above will be evidence of progress in the acquisition of the property which is a requirement for obtaining the extension. Approval of the extension will nullify any decision on annexation. We propose that the Town immediately apply for matching funds of up to $10 million under the Growing Smarter State Trust Land Acquisition Program. There are carry over funds in this program, adding considerably to the S20 million annual appropriation and they are waiting to be tapped. The proposals above are firmly founded in the statutes of the API of 19% as amended and order #144-98M of the State Land Commissioner dated October 2 7,1998. If, during the 3-year extension of the "suitable for conservation" status, the Town has the disposition aad means to expand its holdings of the State Trust Land, or if there is a constitutional change affecting trust lands, the opportunity will exist to expand. If not, the Town will have saved at least a portion of the stunning desert at our doorstep for the enjoyment of fature generations. We believe that the above proposals constitute a compromise that would be broadly accepted by our citizens who are deeply concerned about the profound impact to their life should the land be lost. We need citizens continued support for this proposal! Please plan to attend the September 30th Public Foram (7om at the Community Center) and the October Zed Town Council Meeting (6:30om at the Community Center), Also communicate your support with Town Council members via email (see below). WE NEED YOUR SUPPORT kND ATTENDANCE AT THESE MEETINGS --THEY COUNT AEA S1 Wally Nichols wnicbols@fh.az.gov Kathleen Nicola kuicola@fh.azgov Mike Archambault marchambault@afh.az.gov Susan Ralphe sralphe@fb.az.gov John Kavanagh jkaysnagh@fh.az.gov Leesa Stevens Isteveas gfh.az.gov Rick Melendez rmeiendez@tir.az.gov To: The State Trust Land Ad Hoc Committee, Chairperson Myrna Smith, Vice Chairperson Dennis Brown, Roy Kinsey, Wayne Tall, Frank Ferrara, Rich Dobson, Gene Baker, Bob Thomson, and Raphael Bear; Town staff representatives Tim Pickering, Tom Ward.and Mark Mayer; Town attorney Andrew McGuire From: Edwin Kehe, 16620 N Agate Knoll PI, Fountain Hills AZ 85268-1518 a� Re: State Trust Land Proposal Date: September 24, 2003 For many residents, we would guess, the decision to live in Fountain Hills was based prominently upon our small town atmosphere and magnificent environment. Whatever its ultimate destiny, the potential impact of the state trust land upon our community is so profound that the Town must go the extra mile in addressing this issue. We are convinced that some level of ownership of the property by the Town is the judicious way to proceed. The assertions which follow are firmly founded on the statutes of the Arizona Preserve Initiative, principally sections 37-311 (1); 37-312 F and G; 37-314 B, C, and D; and 37-315 B; the Land Commissioner's order number 144-98/99, page 6, paragraph 3, dated October 27, 1998; and the manual of the Growing Smarter State Trust Land Acquisition Program. 1. We propose that the Town forthwith make a formal offer to the State Land Department to purchase one hundred to two hundred acres of the parcel as a preserve - Based on an appraisal of twenty-five thousand dollars per acre two years ago, we can reasonably assume a current value of thirty thousand dollars per acre. We propose that the offer be accompanied by earnest money in the amount of ten per cent. 2. We propose that the Town forthwith request the Commissioner to grant a three-year extension of the withdrawal order, using the offer of purchase as prima facie evidence of progress in the acquisition of the property. The extension would continue the existing conservation status and render the issue of annexation moot for the immediate future. 3. Finally, we propose that the Town forthwith apply for matching funds under the Growing Smarter State Trust and Acquisition Program There are carry-over funds in this program, adding considerably to the twenty million dollar annual appropriation, and they are waiting to be tapped. - The likelihood of competition from a commercial entity at auction for the lesser parcel during the withdrawal period is nil desperandum, since a covenant that runs with the land would require that it be conserved, thus eliminating the profit motive. If, during the three-year extension, the Town has the disposition and means to increase its holdings in the parcel, or there is a constitutional change affecting trust lands, the opportunity would exist to expand. If not, the Town would have saved at least a portion of the stunning desert at our doorstep for the enjoyment of future generations. Not coincidentally, the opportunity for a more limited development would still be present. Were this Committee to view favorably the proposals contained herein, and were the Council, based upon your recommendation, to vote to proceed, the services of a staff person would be required to do the paper work related to application to purchase, updating the management plan, application for a Growing Smarter grant, and requesting extension of the withdrawal order. Fortunately, the greater portion of this material is still available from 2001. Prior to filing an application, it is recommended that the proposal be discussed with the Land Department's Arizona Preserve Initiative staff. Concurrently, a group of perhaps four or five, working diligently in cooperation with the State Land Department and reporting to Council, would be charged with identifying the location and developing a legal description of the lesser parcel to be purchased. We believe that the above proposals constitute a reasonable solution which would be given broad acceptance by a community that is obviously greatly concerned over this issue. It is the eleventh hour, but every crisis is also an opportunity. We ask you to think outside the box, look beyond the horizon. Thank vou.