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PZ.2019.0425.Minutes
TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING&ZONING COMMISSION April 25,2019 Chairman Dempster opened the meeting at 6:00 p.m. ROLL CALL: The following Commissioners were present: Chairman Susan Dempster, Vice-Chairman Eric Hansen, Commissioners, Mathew Boik, Peter Gray, and Scott Schlossberg. Commissioner N'Marie Crumbie & Christopher Jones were absent. Also in attendance were Marissa Moore, Senior Planner and Paula Woodward,Executive Assistant. Chairman Dempster requested participation in the Pledge of Allegiance. Chairman Dempster introduced and welcomed Interim Development Services Director,John Wesley. CALL TO THE PUBLIC No one from the public wished to speak. AGENDA ITEM # 1 - CONSIDERATION OF APPROVING THE PLANNING AND ZONING COMMISSION MEETING MINUTES DATED FEBRUARY 7, 2019 AND MARCH 28, 2019, MEETINGS. Vice-Chairman Hansen MOVED to APPROVE the meeting minutes dated February 7, 2019 and March 28, 2019, meetings as written. Commissioner Boik SECONDED and the MOTION CARRIED ® UNANIMOUSLY 5/0. AGENDA ITEM # 2 PUBLIC HEARING AND CONSIDERATION OF A PROPOSED SPECIAL USE PERMIT TO ALLOW VERIZON WIRELESS TO INSTALL A 40-FOOT TALL FAUX SAGUARO CACTUS CELLULAR ANTENNA WITH ASSOCIATED POWER METER PEDESTAL TO BE LOCATED WITHIN 300 FEET OF A RESIDENTIAL ZONING DISTRICT, THAT EXCEEDS THE MAXIMUM BUILDING HEIGHT BY 15 FEET, AND TO BE CONSTRUCTED 14 FEET FROM THE PROPERTY LINE LOCATED AT 13300 N EAGLE RIDGE DRIVE.(CASE# SU2019-01) Chairman Dempster opened the public hearing at 6:04 p.m. Marissa Moore, Senior Planner reviewed the information in the staff report along with a PowerPoint presentation. She said the Special Use Permit is to install a wireless communications facility (WCF) at 13300 N Eagle Ridge Drive.The proposed wireless communications facility site is located in in the Adero Canyon,Welcome Center.The welcome center is located on a median island owned by Toll Brothers and is located in the Eagle Ridge Drive right-of-way at the entrance into Adero Canyon.To the southeast of the proposed tower is a parking area, which maintenance staff would utilize. The closest residential structure is 400 feet away,and the closest residentially zoned district is across the right of way thirty-five feet away for the proposed site. The wireless cell facility would provide service to the Adero Canyon residents and beyond. Staff has had complaints about the lack of cellular service reception in Adero Canyon. The lack of cellular service has affected home-based businesses. Ms.Moore said in 2016,a Special Use Permit for a thirty-four foot tall faux water tower was approved for this location. That permit expired and a new proposal is for a faux saguaro. The height of the wireless communications facility will appear to be forty-seven feet above grade adjacent to the facility. There will be no ground equipment except a power meter and no requirement of a wall or fence.The project meets the Page 1 of 4 required setback except for the one saguaro limb, which staff is recommending it be adjusted to meet the setback requirements. COThe applicant requested a"fall down"distance of twelve feet from the right of way because of the parcel shape and the surrounding hilly topography. The forty feet faux cactus height makes it impossible to meet the required forty-foot fall down distance from the right of way. A shorter antenna would not be sufficient to serve the wireless needs of the area. Since the WCF is located in an area buffered on both sides of right away,there is no way it could fall down onto adjacent private property or structure. Staff feels because of its location,the fall distance is not a concern. Ms.Moore said the facility is designed to look like a saguaro cactus and blends in well with the surrounding landscape. The access to the facility is through an access easement over the parking lot. In conclusion,Ms.Moore said there are no other existing towers to service this area based on an inventory provided by the applicant of existing and proposed towers. The geographic limitations and on-going development of the area create a demand for this facility site. Staff recommends that the commission forward a recommendation to Town Council to approve the Special Use Permit with the following Stipulations: Prior to the submission of an application for building permit the applicant, submit to the Development Services Director for review and acceptance the following information: 1. The revised placement and orientation of the tower to meet setback requirements; 2. A landscape plan showing how the site will be revegetated to match the surrounding desert landscape; and 3. The final design of the saguaro. Chairman Dempster asked if there were any speaker cards and Paula Woodward answered,there were nine cards received who were in favor of the proposed project. • Steve Jacobson, a resident at Adero Canyon, spoke in favor of the wireless tower. He explained that he moved into his home around eight months ago and has been without cellular service. During the home building process, there was no cell coverage, which was very frustrating because contractors could not communicate with each other, nor could anyone else. Adero Canyon when built out will be billions of dollars worth of real estate, it's nuts there is no cell phone coverage. The development has been there for a long time. Installation of a cell tower is long overdue. Mariusz Kostelic, moved to Adero Canyon seven months ago. He said the cell service is terrible. The real issue is the bike path located in Adero Canyon. Should there be an emergency on the bike path there is no cell service to contact emergency services.Mr.Kostelic is in favor of the cell tower. Scott Peters, a resident of Adero Canyon, said that during the home buying process in October 2017,they were told there would be cellular service and as of today there still is none. Mr. Peters said his biggest concern is the issue of life safety. He installed three wireless boosters throughout the house, and still has cell phones cut out all the time. Installation of a landline was mandatory for conducting business from home,because of the cellular situation. Ms. Moore stated the applicant is willing to put in a temporary cell tower on wheels called a"C. O. W." This would require Town Council approval. It would be in the parking lot in the same location for about six to eight months. She suggested to the commission for this to be included in the Special Use Permit request and added to the motion forwarded to Town council. CJ Peters,a resident of Adero Canyon, asked about the time line. Applicant Richard Shaw, Shaw and Associates,obo Verizon Wireless, said a couple things need to happen with a temporary site. The temporary tower is similar to a pick-up truck but larger.There would be covered equipment on the back with an extendable mast, thirty to forty feet. An antenna attaches to the mast top Page 2 of 4 and power is required. SRP would provide permanent power or a generator could be used.The noise from the generator is similar to a washing machine. The availability of fiber or microwave for service are a challenge. Fiber is preferred because the conduits were installed during Adero Canyon construction. It requires Cox to run fiber and would be dependent on Cox's availability.Verizon said that fiber could take a couple of months post Town Council approval. The other option is a microwave attachment to the nearest Verizon Tower,but requires approval of the Tower owner. Ms. Moore said that any temporary solution would require a building permit if permanent electric service is used. Mr. Shaw wished to address the setback issue. The base of the saguaro is fourteen feet from the right of way. The arm makes it eight feet, rotating the arm is an issue. The arm needs to face north and south. Moving the arm would create issues such as blocking and shadowing. It would degrade the effectiveness of the antenna. If the commission could grant that wavier we would prefer not to alter the cactus. Commissioner Boik asked if any additional towers would be needed in the area. Mr.Shaw said he walked the area with a radio frequency engineer. More towers could be added somewhere in the vicinity north near the water tank, the area near Copperwynd and another one as Adero Canyon expands. Commissioner Schlossberg asked if the faux saguaro arms have any hardware and serve a purpose. Mr.Shaw replied the arms are empty but if you rotate the saguaro arm it would shadow the antenna,causing problems. In response to Vice-Chairman Hansen, Mr. Shaw said the water tower was shorter than the cactus. The • cactus is three feet taller. Whether it's a cactus,water tower or palm tree,they are all designed not to fall. Commissioner Gray asked if there is a safety zone and who is liable for the tower. The FCC closely regulate safety. Even with the transmission at full power, safety is not an issue. The liability resides with Toll Brothers and Verizon. Commissioner Gray asked,does the Town consider the amount of cell towers in one particular area or can multiple faux saguaros be constructed. Ms.Moore stated this issue was researched when the Town adopted the small wireless facility codes. There may be multiple faux saguaros with close proximity based on cell provider needs. Chairman Dempster asked the Commissioners if there were any further questions and with no further discussion,closed the public hearing at 7:00 p.m. Vice-Chairman Hansen MOVED to forward a recommendation to the Town Council to approve the Special Use Permit to allow forty foot faux saguaro wireless communications facility to be installed as presented and in the location proposed with the following stipulations: Prior to the submission of an application for building permit the applicant submit to the Development Services Director for review and acceptance the following information: 1. An inventory of existing and proposed tower locations within 1 mile of this location; 2. A revised location and placement of the tower to meet setback requirements; • 3. A landscape plan showing. 4. The final design of the saguaro. Commissioner Boik SECONDED and the MOTION CARRIED UNANIMOUSLY 5/0. Page 3 of 4 A roll call vote was taken with the following results: • Commissioner Boik Aye Commissioner Gray Aye Commissioner Schlossberg Aye Vice-Chairman Hansen Aye Chairman Dempster Aye AGENDA ITEM#3-ADJOURNMENT. Chairman Dempster adjourned the meeting at 7:04 p.m. FOUNTAIN HILLS PLANNING&ZONING COMMISSION BY: Chairman Susan Dempster ATTEST : Vet -• LADP77-ita Paula Woodward,Executive Assistant CERTIFICATION • I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 25th day of April 2019 in the Town Council Chambers, 16705 E.Avenue of the Fountains,Fountain Hills,AZ 85268. I further certify that the meeting was duly called and that a quorum was present. PcuLbu LiirkedLe Paula Woodward, Executive Assistant Page 4 of 4 azAIN POST ACTION MEETING AGENDA NOTICE OF REGULAR MEETING THE PLANNING AND ZONING COMMISSION °fjf •rr..✓ to gat is Asti Chairman Susan Dempster Vice Chairman Erik Hansen Commissioner Peter Gray Commissioner Mathew Boik Commissioner Christopher Jones Commissioner N'Marie Crumbie Commissioner Scott Schlossberg TIME: 6:00 P.M. — REGULAR SESSION WHEN: THURSDAY, APRIL 25, 2019 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Commissioners will attend either in person or by telephone conference call; a quorum of the Town's various Commission, Committee or Board members may be in attendance at the Planning and Zoning Commission meeting. Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Planning and Zoning Commission are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1- 602.A.9 have been waived. REQUEST TO COMMENT The public is welcome to participate in Planning and Zoning Commission meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Recorder prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Commission. Verbal comments should be directed through the Presiding Officer and not to individual commissioners. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST an agenda item, and hand it to the Recorder prior to discussion, if possible. REGULAR MEETING 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Chairman Susan Dempster 6:00 PM 2. ROLL CALL— Chairman Susan Dempster 3. CALL to the PUBLIC —Chairman Susan Dempster 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 Commission and(ii)is subject to reasonable time, place, and manner restrictions. The Commission will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Commissioner may(i)respond to criticism,(ii)ask staff to review a matter or(iii)ask that the matter be placed on a future Commission agenda. 4. CONSIDERATION of Approving the Meeting Minutes from the February 7, 2019 and March 28, 2019, meetings. APPROVED 5/0 5. PUBLIC HEARING and CONSIDERATION OF a proposed Special Use Permit to allow Verizon Wireless to install a 40-foot tall faux saguaro cactus cellular antenna with associated power meter pedestal to be located within 300 feet of a residential zoning district, that exceeds the maximum building height by 15 feet, and to be constructed 14 feet from the property line located at 13300 N Eagle Ridge Drive. (Case # SU2019-01) APPROVED 5/0 6. ADJOURMENT 7:04 PM AGENDA POSTED: LOU ) g, .0 ) Date 1& thi L0/2761)itbk. Paula Woodward, Executive ssistant The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100(voice)or 1-800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in the 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. O..TAIN&�� 44, dirk NOTICE OF REGULAR MEETING THE PLANNING AND ZONING COMMISSION var low that p tiro r4 Chairman Susan Dempster Vice Chairman Erik Hansen Commissioner Peter Gray Commissioner Mathew Boik Commissioner Christopher Jones Commissioner N'Marie Crumbie Commissioner Scott Schlossberg TIME: 6:00 P.M. — REGULAR SESSION WHEN: THURSDAY, APRIL 25, 2019 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Commissioners will attend either in person or by telephone conference call; a quorum of the Town's various Commission, Committee or Board members may be in attendance at the Planning and Zoning Commission meeting. Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Planning and Zoning Commission are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1- 602.A.9 have been waived. REQUEST TO COMMENT The public is welcome to participate in Planning and Zoning Commission meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Recorder prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Commission. Verbal comments should be directed through the Presiding Officer and not to individual commissioners. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST an agenda item, and hand it to the Recorder prior to discussion, if possible. 144 REGULAR MEETING 1400, 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Chairman Susan Dempster 2. ROLL CALL— Chairman Susan Dempster 3. CALL to the PUBLIC —Chairman Susan Dempster 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 Commission and(ii)is subject to reasonable time, place, and manner restrictions. The Commission will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Commissioner may(i)respond to criticism, (ii)ask staff to review a matter or(iii)ask that the matter be placed on a future Commission agenda. 4. CONSIDERATION of Approving the Meeting Minutes from the February 7, 2019 and March 28, 2019, meetings. 5. PUBLIC HEARING and CONSIDERATION OF a proposed Special Use Permit to allow Verizon Wireless to install a 40-foot tall faux saguaro cactus cellular antenna with associated power meter pedestal to be located within 300 feet of a residential zoning district, that exceeds the maximum building height by 15 feet, and to be constructed 14 feet from the property line located at 13300 N Eagle Ridge Drive. (Case # SU2019-01) 6. ADJOURMENT btoogy AGENDA POSTED: •L, , r g, ao )c1 Date -G{AC,V 007t1,0 itt9t• Paula Woodward, Executive Assistant The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100(voice)or 1-800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's Office. TOWN OF FOUNTAIN HILLS x?11 tO��yT AI1V'4 ,2 Planning and Zoning Board of Adjustment 9„rbat,,..,r,goo AGENDA ACTION FORM Meeting Date: April 25, 2018 Meeting Type: Regular Agenda Type: Regular Submitting Division: Development Services Staff Contact Information: John D.Wesley, Interim Development Services Director,jwesleyfh.az.gov, 480-816-5138 REQUEST TO PLANNING&ZONING COMMISSION: CONSIDERATION FOR APPROVING THE PLANNING&ZONING COMMISSION REGULAR MEETING MINUTES FROM FEBRUARY 7, 2019 & MARCH 28, 2019. Applicant: N/A Applicant Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: Policy or Guiding Principle: A.R.S. §38-431.01 Staff Summary (background): The intent of approving previous meeting minutes is to ensure an accurate account of the discussion and action that took place at that meeting for archival purposes. Approved minutes are placed on the Town's website in compliance with state law. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Recommendation(s): Approval Staff Recommendation(s): Approval SUGGESTED MOTION: Move to Approve the Planning &Zoning Commission Regular Meeting Minutes dated February 7, 2019 and March 28, 2019. Attachment(s): N/A Submitt by: pproved by: Tata() 04/18/2019 �� `�/ 04/18/2019 Paula Woodward, Executive Assistant Date Jo D.Wesley, Interim Develop nt Services Director Date Page 1of1 TOWN OF FOUNTAIN HILLS ��TAIN�dr%I �O lt� DQ Planning and Zoning Board of Adjustment AGENDA ACTION FORM '1i, -�.._.._.•1tioo4 that Meeting Date: April 25, 2019 Agenda Type: Regular Meeting Type: Regular Submitting Department: Development Services Staff Contact Information: Marissa Moore, AICP, 480-816-5139, mmoore@fh.az.gov REQUESTS TO PLANNING & ZONING COMMISSION: PUBLIC HEARING and CONSIDERATION OF a proposed Special Use Permit to allow Verizon Wireless to install a 40-foot tall faux saguaro cactus cellular antenna with associated power meter pedestal to be located within 300 feet of a residential zoning district, that exceeds the maximum building height by 15 feet, and to be constructed 14 feet from the property line located at 13300 N Eagle Ridge Drive. (Case # SU2019-01) Applicant: Richard Shaw, Shaw and Associates, obo Verizon Wireless Applicant Contact Information: 1222 W Cavedale Dr Phoenix, AZ 85085 Owner: Jamie Taylor for Toll Brothers Owner Contact Information: 8767 E Via de Ventura #490 Scottsdale, AZ 85258 Property Location: 13300 N. Eagle Ridge Drive Fountain Hills, AZ 85268 APN 217-69-110 Related Ordinance, Policy or Guiding Principle: General Plan 2010 Fountain Hills Zoning Ordinance Chapter 2, Section 2.02 Special Use Permits Fountain Hills Zoning Ordinance Chapter 17 Wireless Telecommunications Towers and Antennas Staff Summary (background): The request is for a Special Use Permit to install a wireless communications facility (WCF) at 13300 N Eagle Ridge Drive. The proposed WCF site is located on Parcel 10A in the Adero Canyon Planned Area Development (PAD). Parcel 10A has a SA - Sales and Administration designation in Phase 1 of the Adero Canyon PAD. This parcel is a median island owned by Toll Brothers and is located in the t agle Ridge Drive right-of-way at the entrance into Adero Canyon (see attached Location Map).To the southeast of the proposed tower pad there is a parking area, which maintenance staff would utilized to SP2019-01 13300 N Eagle Ridge Drive Verizon Faux Saguaro Wireless Communications Facility service the WCF. The proposed pad is 14' x 14' (196 square feet). The Adero Canyon Welcome Center is also located on this parcel, adjacent to the parking stalls. The closest residential structure is approximately 400 feet away, and the closest residentially zoned district is across the ROW to the east - approximately 35 feet away from the proposed site. Verizon Wireless has secured rights from Toll Brothers to construct and maintain a WCF at this location. This WCF would provide service to Adero Canyon residents and beyond who currently have limited cellular service in this area. General Plan Analysis The General Plan 2010, Chapter 5 Cost of Development, Objective 1.9 states, "The Town should contact telecommunications providers to identify and rectify areas in the Town where cell service is not operable or exhibits poor reception." Staff: While the Town did not contact the applicant, staff has had several complaints about the lack of cellular reception in Adero Canyon. This request is consistent with this objective of the General Plan. Chapter 4 Growth Areas, Objective 5.3 states, "The Town should encourage home-based businesses that are appropriate and compatible with adjacent residential uses." Chapter 7, Circulation, Objective 3.8 states, "The Town should support and encourage compatible home-based businesses that integrate the business operation into the existing residential neighborhood, reducing vehicular trip generation." Staff: In speaking with citizens who live in Adero Canyon, several have commented on the lack of cellular service affecting their home-based occupations and that they were 114. "losing business". This request is consistent with these objectives of the General Plan. Zoning Analysis The intent behind the Special Use Permit review process is to determine if a proposed use in a specific location is, "designed and developed in a manner which assures maximum compatibility with adjoining uses." The Zoning Ordinance lists uses subject to Special Use Permit. These uses get an extra level of scrutiny to evaluate the appropriateness of the use on a specific site. In this case, "Chapter 17 Wireless Communications Towers and Antennas" of the Zoning Ordinance applies to the Special Use review process. This project is required to go through the Special Use review process, per 17.05.B because it exceeds the maximum height in the SA district in the Adero Canyon PAD, and it is located within 300 feet of residentially zoned and platted property. In 2016, a Special Use Permit for 34-foot tall faux water tower was approved for this location. However, that Special Use Permit expired and a different design is now proposed —a faux saguaro. The proposed WCF is 40 feet in height. The maximum building height established in the SA district is 25 feet. The grade of the WCF pad is 7 feet above the grade of the adjacent right-of-way. For perspective, the top of the WCF will appear to be 47 feet above grade adjacent to the facility. Per the applicant, there will be no ground equipment, with the exception of a power meter, and no wall/fence be required around the site. The setbacks for the SA district in the PAD are 10 feet for the front, side, and rear property lines. The base of the saguaro is proposed to be 20 feet from the west property line and 14 feet from the east roperty line. The arms of the saguaro are proposed to be 14 feet and 8 feet respectively. The one limb Page 2 of 7 SP2019-01 13300 N Eagle Ridge Drive Verizon Faux Saguaro Wireless Communications Facility does not meeting building setback requirements. The saguaro placement and orientation will need to be adjusted to meet setback requirements. er Section 17.06.6.3, the following factors are considered when reviewing a request for a Special Use Permit for a wireless facility. It should be noted that Town Council may waive or reduce one or more of these criteria if they conclude that the goals of the Town are better served by doing so. a. Height of the proposed tower: The proposed faux water tower antenna is 40 feet tall. This exceeds the 25 feet height limit of the Adero Canyon PAD — SA- Sales and Administrative zoning district by 15 feet. Town Council, when deemed appropriate, may waive this requirement for communication towers as part of the Special Use Permit. Applicant: The facility will be designed to look like a saguaro cactus, which will blend in well with the surrounding landscape and be a much narrower profile than the previous water tank design. The overall 40 foot height is the same height that is allowed by right if the site were located in the ROW contiguous to the site (which would be even closer to other property owners). Verizon Wireless prefers the proposed site because the ground and elevation is 10 feet higher than the ROW, which is important given the varying ground elevations in the Adero Canyon area. Any reduction in height would significantly limit the effectiveness of Verizon's need to improve wireless service in the area. Staff: Town staff did a field inspection and determined the proposed saguaro would not create any line-of-sight issues. The base of the facility would be 7 feet above the roadway. The facility is 40 feet tall. From the roadway, the top of the saguaro would appear to be 47 feet above the ROW. The previously approved design was 34 feet in height, which appeared to be 41 feet above the ROW. Additionally, a 34-foot tall faux water tank is more "realistic" in appearance than a 40-foot tall saguaro. Per Ordinance 18-01, adopted February, 2018, the maximum height allowed for a small wireless facility would be the maximum allowed for the zoning district in which it is located. In this case, it could be a maximum of 40 feet if located in the Town ROW. The zoning ordinance requires that any tower be constructed so that its "fall down" distance (equal to the height of the tower) is entirely contained within the boundaries of the property it is located on. This is a precaution against the tower damaging adjoining properties or structures should it fall. This requirement may be waived as part of the Special Use Permit by the Town Council when deemed appropriate. Applicant: (W)e request a fall down height of approximately 12 feet from the ROW due to the unique oblong/narrow shape of this parcel and the surrounding hilly topography. The antenna height that is necessary to properly serve the wireless needs of the Adero subdivision mandates a mounting height of 36 feet (resulting in an overall faux cactus height of 40 feet), which (due (to) the narrow, irregular shape of the parcel) makes it impossible to meet the 40 foot setback from the adjacent ROW. Fortunately, the parcel is buffered on both sides by ROW, so in no case could the facility fall down onto an adjacent private property or structure of any kind. Page 3 of 7 SP2019-01 13300 N Eagle Ridge Drive Verizon Faux Saguaro Wireless Communications Facility Staff: The fall down distance is not achievable in this location. The tower will be located immediately adjacent to the Eagle Ridge Drive right-of-way with a fall down distance of 20 feet from the west property line and 14 feet from the east property line. The arms of the saguaro are proposed to be 14 feet and 8 feet respectively. If the tower should fail it will fall into the right-of-way with -26 feet outside of the fall zone, at most. Staff feels that because of the adjacency to the ROW, and because of the distance between this facility to the closest structure (the welcome center also on this property, which is approximately 135 feet away), this fall distance is not a concern for this location. b. Proximity of the tower to residential structures and residentially zoned district boundaries; The zoning ordinance requires that any tower within 300' of residentially zoned property receive Special Use Permit approval from the Town Council. Staff: The tower is in the SA - Sales and Administration district of the Adero PAD, which is not a residential area. However, it is approximately 35 feet from a multi-family residential district, Adero PAD - MF, to the east. Therefore, the Special Use Permit is required. c. Nature of uses on adjacent and nearby properties; The subject location has a welcome center and parking stalls to the east. The welcome center is approximately 135 feet to the south of the subject site. The property immediately adjacent to north of the site is zoned Adero PAD - MF and is currently vacant. To the south the parcel is zoned R1-6 and is being developed with single-family homes. The area of that zone closest to drier the tower site is designated open space and the closest residences are approximately 400 feet away from the proposed tower. The nearest adjacent right-of-way is about 14' from the proposed antenna location. Staff. The proposal does not appear to be detrimental to surrounding properties. d. Surrounding topography; The surrounding topography will not present any problems with the placement or use of the radio tower. Staff: Staff's opinion is that the topography will not affect the tower placement. In fact, the tower is being located and constructed as presented to provide coverage to areas that currently have issues with wireless service due to the topography. e. Surrounding tree coverage and foliage; There is currently little existing tree coverage or foliage within the parcel. Staff: Staff'is recommending that additional landscaping be installed on the parcel prior to final Certificate of Occupancy. Page 4 of 7 SP2019-01 13300 N Eagle Ridge Drive Verizon Faux Saguaro Wireless Communications Facility f. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; The design is a 40-foot tall faux saguaro, constructed to look like a real saguaro. Applicant: The site will not have any adverse impact on the surrounding properties. The facility will be designed to look like a saguaro cactus, which will blend in well with the surrounding landscape and be a much narrower profile than the previous water tank design. There are a number of faux saguaro cacti in the Fountain Hills community, all of which blend in nicely with the terrain and vegetation of the Town. The stealth design and buffering from residential uses makes this site an excellent location that will have minimal aesthetic impact. The site will not have a generator nor air conditioning units so there will be minimal noise emitted from the electronics equipment. Verizon will work with Toll Brothers to preserve mature plants and natural landforms to the maximum extent possible. Staff: The saguaro cactus design fits with the surrounding desert landscape. The Zoning Ordinance requires that the facility have security fencing, but allows the Town Council to waive the requirement. The Zoning Ordinance also requires landscaping to "effectively screen the view of the tower compound from residential property". Staff is supportive of removing the requirement for a security fence, but recommends a landscape plan is submitted showing how the site will be revegetated to match the surrounding desert landscape as part of the building permit review and approval process, if Town Council approves this Special Use Permit request. Because this location is in a predominant visible location, the design should truly mimic a live saguaro and not be rectilinear and/or symmetrical. g. Proposed ingress and egress; The proposed tower is located near existing parking stalls on the property. Applicant: Vehicular access for this facility will be granted by Toll Brothers through an access easement over the existing parking lot. The site will require poser and fiber optic utilities, both of which are already plumbed and on the site. The proposed site will include the right for Verizon to use a single parking space (in the existing parking lot) for the Verizon technician who will monitor and maintain the tower on a quarterly basis. Staff. The proposal has good access, ingress, and egress. h. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Section 17.06(B)(4); Section 17.06.B.4 specifically relates to the construction of new towers where none previously existed. In such cases, the town should require proof that other less-obtrusive options are not available. Applicant: Verizon will need to provide an inventory of existing and proposed sites. This inventory changes over time, and this information will help identify the feasibility of future tower locations based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected. At the time of publication of this Planning and Zoning Commission meeting agenda, this information was not available. No Page 5 of 7 SP2019-01 13300 N Eagle Ridge Drive Verizon Faux Saguaro Wireless Communications Facility existing towers or structures are located within the geographic area that meet the applicant's engineering requirements. `�.. Staff. Based on information provided to Town staff, there are no other existing towers to service this area. The geographic limitations and the on-going development of this canyon create a demand for this facility at this site. This request would meet the needs for this service that are not currently available. Risk Analysis (options or alternatives with implications): If the Town Council approves this request, the construction of a wireless communications facility will provide better wireless services to this part of the community, increasing safety and allowing residents to have home occupations. If the Town Council denies this request, wireless coverage may not be available for residents in this area. This could lead to safety issues and citizens have expressed a negative impact on their home occupations. Fiscal Impact (initial and ongoing costs; budget status): NA Staff Recommendation(s): Staff recommends that the Commission forward a recommendation to Town Council to approve the Special Use Permit with the following stipulations: Prior to the submission of an application for building permit the applicant submit to the Development Services Director for review and acceptance the following information: 1. An inventory of existing and proposed tower locations within one mile of this location; 2. The revised placement and orientation of the tower to meet setback requirements; 3. A landscape plan showing how the site will be revegetated to match the surrounding desert landscape; and 4. The final design of the saguaro. SUGGESTED MOTION: Move to forward a recommendation to the Town Council to approve the Special Use Permit to allow 40 foot faux saguaro wireless communications facility to be installed as presented and in the location proposed with the following stipulations: Prior to the submission of an application for building permit the applicant submit to the Development Services Director for review and acceptance the following information: 1. An inventory of existing and proposed tower locations within 1 mile of this location; 2. A revised location and placement of the tower to meet setback requirements; 3. A landscape plan showing ... 4. The final design of the saguaro. Attachment(s): Application Location Map Applicant's Narrative (3 pages) Site and Design Plans (10 pages) 'r... Page 6 of 7 SP2019-01 13300 N Eagle Ridge Drive Verizon Faux Saguaro Wireless Communications Facility Submi ted by: 111 C � . 4/18/2019 ```Seni r Planner Maris Moore, AICP Date Approved by: if...„...e 0. . (-- \` 4/18/2019 I e im Development Services Di for John Wesley, AICP Date 0 c Page 7 of 7 1 1 III) ( )- -r i- —. 1 ?. RC'r. ,tl't A N dl DO Not write in this space—official use only qd , �''t.�, Filing Date a „. . 5 Accepted By z' '.'S' " Fee Accepted + • Case Manager 9j/...4,..,..r ode - _ that is p '%l. The Town of Fountain Hills PLANNING &ZONING DEPARTMENT-APPLICATION Abandonment(Plat or Condominium) Appeal of Administrator's Interpretation Area Specific Plan&Amendments Concept Plan Condominium Plat Cut/Fill Waiver Development Agreement HPE Change or Abandonment General Plan Amendment Ordinance(Text Amendment) Planned Unit Development Preliminary/Final Plat Replat(Lot joins, lot splits, lot line adj ents) Rezoning(Map) Fl Special Use Permit&Amendments Site Plan Review(vehicles sales) II Temporary Use Permit(Medan Fee,tf applicable) Variance 0 Other Revise Version of SUP#: SU2016-01 PROJECT NAME/ NATURE OF PROJECT: PH0 CANYON CREST SC/Install Verizon Small Cell Faux Cactus LEGAL DESCRIPTION:,kljalameAden)Canyon Block Lot 10A PROPERTY ADDRESS:ADDRESS:'30arH Eagle Ridge Dr.,Fountain Hills,AZ extas PARCEL SIZE(Acres)0.s ASSESSOR PARCEL NUMBER 217-68-110 I i NUMBER OF UNITS PROPOSED TRACTS EXISTING ZONING PROPOSED ZONING Alqicant Mrs. RichardShaw,Shaw&Associates,obo Verizon Wireless Day Phone ' -18d3 Mr. Ms. Address: 1222 W Cavedale Dr ©ty: Phoenix State: AZ Zip: 85085 Email: rchaw@shaw-assoclates.com Owner Mrs. Jamie Taylor,Toll Brothers Day Phone 480-895-2576 ✓ Mr. Ms. Address: 8757 E Via de Ventura#390 ('sty; Scottsdale State: AZ Zip: 85268 Itapplication is being submitted by someone other than the owner of the property under consideration,the section below past be completed. / q SIGNATURE OF OWNER DATE I HEREBY AUTHORIZE RI d Shaw,Shaw3gq &Associates TO FILE THIS APPLICATION. i S jbed a • - •: ore me this Plea"t t day of ��)fls.fA) .20 ly J r, •m �_' My Commission Expires IQ a'i jA Notary ` blic -.:. ....-- — - - - MUNIS i .i!1,, BERRA1ETEotacEA 4 APPLICATION S G 1 %a •# *cam E ssOd27.202f C O r U C O A J � L U (1.) N o. CO LL cn U C � J O CO , CIE E cl 0 OD 2 U -a o w v aA (6 L (Q U W O C O O N m CU ri O rn 0 C/1 ci) C J T C t0 O -0 T C C C (a 0 U m N ( , v,,,; \/** 0 06 t, ,.. -.6* verity December 11,2018 Shaw and Associates, PLC Attn: Richard Shaw 1222 W.Cavedale Dr. Phoenix,AZ 85085 City of Fountain Hills Planning and Zoning Department 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Re: PHO Canyon Crest Narrative—SUP Application for Wireless Communication Facility Located at 13330 N. Eagle Ridge Dr. Fountain Hills, AZ 85268 Proposed Use As part of an ongoing effort to maintain its superior wireless network in the Town of Fountain Hills, Verizon Wireless is seeking a Special Use Permit to construct a Wireless Communication Facility (WCF) near the entrance of the Adero Canyon subdivision located at 13330 N. Eagle 0 Ridge Drive, Fountain Hills, Arizona. The WCF will be designed as a faux Saguaro cactus and will be 40 feet tall. The WCF will be located on a parcel of land owned by Toll Brothers and currently used for the Adero Canyon Welcome Center and parking lot. The WCF will be located on the north side of the parking lot on an elevated rocky knoll that is about 10 feet above ground level of the contiguous right of way (ROW) - see picture below. The antennas inside the WCF will be mounted at a height of 36 feet. The new Verizon Wireless lease area will be approximately 14' x 14' (196 sf) in size and will not require any ground equipment or wall/fence around the site. All necessary equipment, with the exception of the power meter pedestal, will be mounted inside of the faux Saguaro. The purpose of this site is to improve wireless coverage and enhance capacity for all of the residential and commercial properties located within approximately one-half mile of the site. The proposed site will include the right for Verizon to use a single parking space (in the existing parking lot) for the Verizon technician who will monitor and maintain the tower on a quarterly basis. The proposed timeline for the installation of the WCF is the 3rd quarter of 2019. Site Description By way of background, this location was previously granted a SUP by the Town of Fountain Hills in 2016 for a 34 foot tall faux water tank. Subsequent to the SUP approval the property, which was then owned by Adero Canyon, LLC, was sold to Toll Brothers. The SUP is now expired and Verizon and Toll Brothers have agreed to a Saguaro cactus design for the WCF. Wage Similar to the prior SUP, the proposed WCF will be located on Parcel 10A of APN 217-69-110, which is owned by Toll Brothers. The lease area (and profile) of the proposed faux Saguaro cactus will be considerably smaller that the water tank site,which was 400sf in area. The faux Saguaro cactus will be located in between the northbound and southbound lanes of North Eagle Ridge Drive on a private property "island." Although the site will be unmanned, it will require routine quarterly visits for a few hours at a time for site maintenance and equipment updates. Vehicular access for this facility will be granted by Toll Brothers through an access easement over the existing parking lot. The site will require power and fiber optic utilities, both of which are already plumbed and on site. Adverse Impact The site will not have any adverse impact on the surrounding properties. The facility will be designed to look like a Saguaro cactus, which will blend in well with the surrounding landscape and be a much narrower profile than the previous water tank design. There are a number of faux Saguaro cacti in the Fountain Hills community, all of which blend nicely with the terrain and vegetation of the Town. The stealth design and buffering from residential uses makes this site an excellent location that will have minimal aesthetic impact. The site will not have a generator nor air conditioning units so there will be minimal noise emitted from the electronics equipment. Request for Waivers Verizon Wireless is requesting three waivers for this SUP. They include the following: 1. Fall down less than 40' (approximately 12' from the ROW) 2. Height over PAD limit of 25' (40' requested) 3. Less than 100' to MF district For waiver #1, we request a fall down height of approximately 12' from the ROW due to the unique oblong/narrow shape of this parcel and the surrounding hilly topography. The antenna height that is necessary to properly serve the wireless needs of the Adero subdivision mandates a mounting height of 36 feet (resulting in an overall faux cactus height of 40 feet), which (due the narrow, irregular shape of the parcel) makes it impossible to meet the 40 foot setback from the adjacent ROW. Fortunately, the parcel is buffered on both sides by ROW, so in no case could this facility fall down onto an adjacent private property or structure of any kind. Furthermore, the tower is constructed in compliance with all governmental building codes (like all structures in Fountain Hills) and will be certified by a professional and structural engineer in accordance with the Town's permitting process. It's worth noting that state law would allow a 40 foot tall Saguaro in the ROW by right with less of a setback than is proposed at the subject site. For waiver #2, we request a waiver of 15 feet above the relatively short maximum height of 25 feet allowed by code. The overall 40 foot height is the same height that is allowed by right if the site were located in the ROW contiguous to the site (which would be even closer to other property owners). Verizon Wireless prefers the proposed site because it is 10 feet higher in elevation than the ROW, which is important given the varying ground elevations in the Adero Canyon area. Any'reduction in height would significantly limit the effectiveness of Verizon's need to improve wireless service in the area. • Wage *0 . For waiver #3, we request a setback of less than 100' to the nearest residential district. The proposed location is unique given its ground elevation and relationship to the surrounding terrain. There is no opportunity for a WCF location in the Adero Canyon area that isn't close to residential properties since the entire community is a neighborhood with no commercial uses. A site in the ROW (which is permitted by right)would be even closer to residential zoning than the proposed site. 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' 14 r ;gib "q t I lI i 6m n Z xw�38'O'TO.0'CENTERF NEW LESSEE AN ARRAY 3@d TO TOP OF NEW LESSEE ANTENNA ARRAY o q 4 I 40.0'TOP OF NEW LESSEE RF FRIENDLY FAUX CACTUS ANTENNA ENCLOSURE 7 I I 1 1 I'-I �� II I �yg g z Fn i g ,i° P 8 v v 'xEe{6 4 i 8 N x u� I H n'T 1 3 I . 1 . -11 vii0-[4111.,-.1. 1111 `n °3 i Bern A.rite,CSq.vuury �� .�y.-._.�_r•---- --- unre appnunuie,E„ruw a,,,,,,,,II C.o. ._. Jennifer B.Fite,Esq 021441 outside the State of Arizona,your Response Fite Law Group must be filed within THIRTY(30)CALANDER Defendants served within Arizona,you shall appear and Rej defend 20 te e ce fhe 11225 N.28'Dr.,Ste.D202 DAYS from the date you were served, not The State of Arizona to:MARK ANTHONY Summons and Comilla f t r the ser icec ffsihe Dat Phoenix,AZ 85029 counting the day you were served. Service RUIZ and JANE DOE RUIZ Si Phone Number 602-368-1869 by a registered process server of the Sheriff is I. A lawsuit has been filed against you. A of the day of service.If served out of the State Put Fax:602-926-0585 complete when made. Service by Publication copy of the lawsuit and other court papers are of Arizona- whether by direct service, by 04/ Email minuteentries@ftelaw.corn is complete thirty(30)days after the date of serf edu do out wantou itht a judgment taken against certifiedyoui shall stered or appea and defendil,or within publiication- ys Superior Fort of theV first pan get a con. you Superior Court of Arizona IV.You can get a copy of the court papers filed you without your input,you must file a answer after the service of the Summons and Maricopa County in this case from the Petitioner at the address or a response in writing with the court and Complaint upon you is complete,exclusive of Summons listed at the top of the preceding page,from pay the filing fee. If you do not file an answer the day of service.Where process is served CV2019-052621 the Clerk of the Superior Court's Customer or re the relief se the hesother v party may er bPetei given sure the a attorney Directorof Insurance n su anc legal 20f �, MONIQUE SALAZAR and CESAR CARAVEO, Service Center at: 601 West Jefferson St,Phoenix,AZ 85003 Complaint. To ere your answer or response process against it in this receive state, the ofi legal Phi Plaintiff 18380 N.40"St.,Phoenix,AZ 85032 222E. take,or send,the answer or response to the; shall not be required to appear, answer or 601 Vs. Javelina Ave., Mesa, AZ 85210 14264 W. Office of the Clerk of the Superior Court,201 plead until expiration of 40 days after date Mk CRISTIAN LICANO and JANE DOE LICANO,• Tierra Buena Lane,Surprise,AZ 85374 West Jefferson St.,Phoenix,AZ 85003-2205 of such registered er service uportif ed DirectorhSe ice Mtk ce Mk husband and wife; .I through V. fictitious V. Request for reasonable accommodations OR individuals; ABC CORPORATION and/or for they office ofthesjudgesornust be commis ones 18380 N Office .40"S the t.,Phoenix,AZ erk of the 5032 OR Court, State of filing the receipt and affidavit 30 s ffer AR of MP PARTNERSHIPS,I-X;fictitious entities, assigned to the case,at least three(3)judicial Office of the Clerk of the Superior Court,222E. is completh te the Court. 0 after vce ibe daiebiofati�st n PB Defendants days before your scheduled court date. Javelina Ave.,Mesa,AZ 85210-6201 OR comletDirect dayservice is a date when NC 1 The State of Arizona to:CRISTIAN LICANO VI. Requests for an interpreter for persons Office of the Clerk of the Superior Court, publication. and JANE DOE LICANO with limited English proficiency must be made 14264 W.Tierra Buena Lane, Surprise, AZ Superintendent.Service upon n Arizo 30na days Vehicle DeD I. A lawsuit has been filed against you. A to the office of the judge or commissioner 85374 serveof the d on you with this Summons"papers are assigned before your scheduled court(10)a judicial Mail otherapartty at of he addrur ess listed on the the the Affidavit of Defendant's Compliance or in'casend of plerstiff's sonal T. this Summons. service,30 days after filing of officer's return Re you.If you dou not want t judgmentumust taken againstse Signed FebruaryL ua 4,2019eputy Clerk III.If this Summons and the other court papers of such personal service, RCP 4.2(D);A.R.S. hoai without se i input,you file a answer Publisd Fountain 2019 were served on you by a registered process 28-503. or a response in writing noto the court answer and Published 19, 4/ ,Hills/1 Timesserver or pay orthe filing fee. otherIf you do file an 04/U3/19,04/10/19,04/17r19,04/24l19 Arizona,your Response orhAnswer must be yourU failureAE HEREBY appear Oand ldefend ED t withi in n the ofe of theresponseefrequested the i party may be given filed within TWENTY(20)CALANDER DAYS time applicable,judgment by default may be mi Co plain in his/her or responsepo or PUBLIC NOTICE from the date you were served,not counting rendered against you for the relief demanded pe Complaint. To fife your answer the day you were served. If this Summons in the Complaint. take,or send,the answer or response to the; and the other papers were served on you YOU ARE CAUTIONED that in order to appear ME West e the Clerk of the Phoenix,AZor Court,201 by a registered process server or the Sheriff and defend,you must file an Answer or proper Pa West Jefferson St., 85003-2205 Benin A.B.F,Esq.,Esq 0214414 outside theState of Arizona,your Response response in writing with the Clerk of the Court, Tu OR Jennifer B.Fite, Office of the Clerk of the Superior Court, Fite Law Group must be filed within THIRTY(30)CALANDER accompanied by the necessary filing fee, Pt 18380 N.40'St.,Phoenix,AZ 85032 OR 11225 N.28"Dr.,Ste.D202 DAYS from the date you were served, not within the time required to serve a copy of Di Office of the Clerk of the Superior Court,222E. Phoenix,AZ 85029 counting the day you were served. Service any Answer or response upon the Plaintiff(s) Si. Javelins Ave.,Mesa,AZ 65210-6201 OR Phone Number 602-368-1869 by a registered process server of the Sheriff is attorney.RCP 10(D);A.R.S.12-311;RCP 5. 31 Office of the Clerk of the Superior Court, Fax:602-926-0585 complete when made. Service by Publication The name and address of plaintiff's attorney Ptt 14264 W.Tierra Buena Lane, Surprise, AZ Email minuteentriesd/fitelaw.com is complete thirty(30)days after the date of is: 853Attorneys For Plaintiffs the first publication. Daniel P.Velocci Bt Mail a IV.You can get a copy of the court papers filed lannitelli Marcolini,P.C. Mail copy of your ddsponss or answer to the Superior Court County Arizona in this case from the Petitioner at the address 5353 N.16" Street.Suite 315 PI other party at the address listed on the top of Summons listed at the top of the preceding page,from Phoenix,AZ 85016 (6 Ibis Sh Sum Summons the Clerk of the Superior Court's Customer Requests for reasonable accommodation for AI wereIII .f this served ou by the othergit redrt papers DINE ENCISO, 2 Service Center at: persons with disabilities must be made to the Pi rrthe on you a registhetered process DINE ENCISO, 601 West Jefferson St.,Phoenix,AZ 85003 division assigned to the case by parties at 0e server, Sheriff,o orhA w State be 18380 N.40"St.,Phoenix,AZ 85032 222E. least three(3)judicial days in advance of a Arizona,your Response Answer must Plaintiff Javelins Ave., Mesa, AZ 85210 14264 W. scheduled court proceeding. Tierra Buena Lane,Surprise,AZ 85374 A copy of the Complaint in the above- V. Request for reasonable accommodations referenced matter may be obtained by `-- r < for persons with disabilities must be made contacting Plaintiff's attorneys, lannitelli TOWN OF FOUNTAIN HILLS to the office of the judge or commissioner Marcolini,P.C.,c/o Claudio E.lannitelli,Esq., C assigned to the case,at least three(3)judicial 5353 N.16"Street,Suite 315 A AS1F days before your scheduled court date. Phoenix,AZ 85016 R VI. Requests for an interpreter for persons at 602-952-6000. • PUBLIC NOTICE with limited English proficiency must be made Signed and sealed:January 4,2019 to the office of the judge or commissioner By:Deputy Clerk S ' assigned to the case,at least ten(10)judicial Published Fountain Hills Times NOTICE IV hS HEREBY GIVEN 167 5 Thursday,of May Fountain,2019 at ount in Hills,inthe Town days before your scheduled court date. 04/03/19,04/10/19,04/17/19,04/24/19 Council Chambers located at 16705 E.Avenue the Fountain Arizona, Signed P.Hernandez,Deputy Clerk Ir the Fountain Hills Planning&Zoning Commission will conduct a public hearing and Dated. February 21,2019 PUBLIC NOTICE n receive comments on ORD#19-08,amending the official Zoning District Maps of the Published Fountain Hills Times u Town of Fountain Hills,Arizona,by changing the zoning designation of approximately 5.74 04/03/19,04/10/19,04/17/19,04/24/19 acres generally located at the northwest corner of N Saguaro Boulevard and E Trevino F RICHARD D.ELLEY Drive(AKA 9700 N Saguaro Boulevard;APN#176-10-811)from C-1 -Neighborhood PUBLIC NOTICE ELLEY LAW PLC r' Commercial and Professional Zoning District to C-2-Intermediate Commercial Zoning 3323E BASELINE RD. n District. (Case Z2019-03) • GILBERT,ARIZONA 85234 tl Claudio E.lannitelli(012759)cei@imlaw.com 480.788-4529 C DanielP.Velocci025801dpv@imlawpa.com RICH idELLEYLAW.COM rF NOTICE IS HEREBY GIVEN that on Tuesday,June 4,2019 at 5:30 P.M.in the Town lannitelli Marcolini,P.C. BAR NUMBER 028245 Council Chambers located at 16705 E.Avenue of the Fountain,Fountain Hills,Arizona, 5353 N.16"St,Suite 315 Representing Petitioner SUPERIOR COURT OF ARIZONA IN the Fountain Hills Town Council will conduct a public hearing and receive comments Phoenix,AZ 85016 PR COUNTY t on ORD#19-08,amending the official Zoning District Maps of the Town of Fountain TeAttorneys for6 2)952-6000 MAR1COPA CO2 Hills,Arizona,by changing the zoning designation of approximately 5.74 acres generally TH COURT OF THE STATE LETTERS OF APPOINTMENT OF f located at the northwest corner of N Saguaro Boulevard and E Trevino Drive(AKA 9700 IN THE EZUNA SUPERIORN AND FOR THETHE COUNTY OF PERSONAL REPRESENTATIVE ANDO North Saguaro Boulevard;APN#176-10-811)from C-1-Neighborhood Commercial and MARICOPAOFRIZOACCEPTANCENLOF APPOINTMENT AS Professional Zoning District to C-2--Intermediate Commercial Zoning District.a No.CV2019-000737 PERSONAL REPRESENTATIVE (Case Z2019-03) SUMMONS In the Matter of the Estate of: MARC OLIVE TREE PLAZA PROPERTIES, L.L.C., LAWRENCE SKIER,aFn Adult PERSONAL A complete copy of the proposal is available for viewing in the Fountain Hills Planning& an Arizona limited liability company, LETTERS Zoning Office,7:00 AM-6:00 PM Monday through Thursday. Plaintiff, REPRESENTATIVE VS. Christina Anne Skier is appointed as Personal For more information, contact Marissa Moore, AICP; Planning and Zoning,Town of RIEM KHAIR and JOHN DOE KHAIR, Representative of this Estate without Fountain Hills,16705 E.Avenue of the Fountain,Fountain Hills,AZ 85268;or by calling husband and wife,doing business as MARIA restriction except as follows:NONE I 480-816-5139. All interested citizens are encouraged to attend. MARKET DATED: March 29,2019Defendants. WITNESS:Christine Skier Published in FH Times:April 24,2019 and May 1,2019 THE STATE OF ARIZONA TO THE By: Michael Jeanes, Clerk of the Superior : . . ....,,,,.:-...,.. x.. , - . ''.' -..-...7:-.'„ :::, 4 -''' ' ,- - ' Ile . , uoSE3S SET] ir� y • • t.:;dNaaumefi. i . _x 8g/S3WI1 S11IH NIV1Nf1Od 3H1/6103 173 IIKIV t'" '';'�'4:a' Sr` k'-`:° " v r r�. 't"" z d s R . A'` r- t s ,,7-Ai` 'x�`A „ s ' "1 ". r"4.r ,' ,yrA ,4,',,, ""'� '�+i "''y Y4 1 .rw .:, t'A..T ,„ a9 ,,A, ,4%,- r` r;,a e 'n het §i t A°-&"' s e Y {.'';y't.:',�� �.w§ ,-' a `1,4 .,, u,F V. i•; . "f,..:ir` .^'h�Y,. ex,a ,• ,' 6..,,a- .. " SF « --.. ........ V Master Plan update moves I The Maricopa County Master Plan in 2017. Since Maricopa County's regional Board of Supervisors has that time, staff conducted park system. given its final approval three public meetings, en- "There's a reason we for a McDowell Mountain gaged with stakeholder have the best parks system Regional Park Master Plan groups in three meetings, in the country and that's Update. collected online feedback because we don't just rely In March the county and gathered input from on what has worked in the Parks and Recreation Com- special interest groups and past. We change with the mission voted to recom- partners. needs of our communi- mend the board's approval. The 21,099-acre re- ty," said Maricopa County The Maricopa County gional park is located four Board of Supervisor Steve Parks and Recreation De- miles north of the Town of Chucri, District 2. "The partment began working Fountain Hills within the original master plan was on the update for McDowell lower Verde Basin and is approved in 1967.Now,the Mountain Regional Park's the third largest park in people who use this beauti- P&Z recommends cell tower plan Bob Burns would be a faux saguaro cac- est adjacent right of way. By tus to be placed in the road- Moore is asking for,and Times Reporter way median adjacent to the the commission approved, sales center building near stipulations the applicant A dozen or so people the CopperWynd Resort. needs to comply with before from the Adero Canyon The tower would be 40 a building permit is issued. subdivision in Fountain feet tall and would be used Those stipulations in- Hills turned out for the instead of a 34-foot simu- elude having the applicant Planning and Zoning Com- lated historic water tank, submit to staff an invento- mission meeting on April which had been previously ry of existing and proposed 25 to urge the commission approved. tower locations within one to recommend approval of a Senior Planner Marissa mile of the permit loca- special use permit for a cell Moore explained that the tion, a revised location tower to serve that newer special use permit is re- and placement of the tower part of town. quired because the plan ex- to meet setback require- " The commission went ceeds the maximum height ments,a landscape plan to on to vote 5-0 to recom- allowed,it is located within show how the surrounding mend the council approve 300 feet of a residential zon- landscape will be restored the application when they ing district and it is to be and a final design of the consider it May 21. built 14 feet from the near- faux saguaro. Resident Steve Jacobson said he has been a resident of Adero Canyon for about seven months and the as DE abilitytocommunicatehas & ?' been frustrating. PELLEGRINI "It is not acceptable to have no cell coverage,"Ja- c, PARTNER cobson said."It should have been there before anyone ':t , moved in Another resident said , :.. it should be done expedi- tiously as possible. �` Richard Shaw of Shaw �; ,' and Associates, PLC, who -,,, , submitted the application =per ram, for Verizon Wireless,said it may be fall before the eel ed lular facility is in place and r. in service. However,they fp ., have requested a permit to install a temporary cell Karen DeGeorge Susan Pellegrini tower to serve in the in- 480-225-3766 480-315-1575 terim. He said they should be able to install the tempo- w w w•v 52 6$ c o y I 1 n f o E rary "cell on wheels" soon after, and if the council approves. _ - The proposed facility