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HomeMy WebLinkAboutPZ.2018.1025.Agenda AIN� �� ( REGULAR MEETING NOTICE z � ,,. _— OF THE that is Ac'i' PLANNING AND ZONING COMMISSION Commission Members: Chairman Susan Dempster, Vice-Chairman Erik Hansen Commissioners:Mathew Boik,N'Marie Crumble, Christopher Jones and Scott Schlossberg Pursuant to A.R.S. 38-431.02, notice is hereby given to the members of the Fountain Hills Planning and Zoning Commission and to the general public that the Fountain Hills Planning and Zoning Commission will hold a regular meeting, which is open to the general public, on October 25, 2018 at 6:00 p.m. in the Town Hall Council Chambers at 16705 E.Avenue of the Fountains, Fountain Hills,Arizona. Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's Councilmembers or various Commissions or Boards may be in attendance at the Commission meeting. TIME: 6:00 P.M. —REGULAR SESSION WHEN: THURSDAY,OCTOBER 25,2018 WHERE: TOWN HALL COUNCIL CHAMBERS 16705 EAST AVENUE OF THE FOUNTAINS PROCEDURE FOR ADDRESSING THE PLANNING& ZONING COMMISSION Anyone wishing to speak before the Commission must fill out a speaker's card and submit it to the Commission Recorder prior to the Commission's discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Recorder's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Recorder or the Chairman. 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 Commission Members. Speakers'statements should not be repetitive. In order to conduct an orderly business meeting, the Presiding Officer shall keep control of the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts, applause,protests or other conduct that disrupts or interferes with the orderly conduct of the business of the meeting. Personal attacks on Commissioners, Town Council members, Town staff or members of the public are not allowed. Please be respectful when making your comments. 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(it)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 prior to the beginning of the Public Hearing and the Consideration of said issue. Individual speakers will be allowed three contiguous minutes to address the Commission. Time limits may be waived by (i)discretion of the Chairman upon request by the speaker not less than 24 hours prior to a Meeting, (it)consensus of the Commission at Meeting or(iii) the Chairman either prior to or during a Meeting. If you do not comply with these rules, you will be asked to leave. (kw Planning and Zoning Commission Agenda-Page!of 3 CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Susan Dempster Loy MOMENT OF REFLECTION—Chairman Susan Dempster ROLL CALL—Chairman Susan Dempster 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 Commission and (it) 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 property noticed for discussion and legal action. At the conclusion of the call to the public, individual Commission members may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Commission aitenda. AGENDA ITEM(S) 1. CONSIDERATION of APPROVING the Planning and Zoning Commission Regular Meeting Minutes from September 13,2018. PUBLIC HEARING to receive comments on ORDINANCE#18-13, amending the Town of Fountain Hills Town Code, Article 9, Section 9-5-3, by revising the General Regulations governing the Fountain Hills McDowell Mountain Preserve. 4liar 3. CONSIDERATION OF ORDINANCE #18-13, amending the Town of Fountain Hills Town Code, Article 9, Section 9-5-3,by revising the General Regulations governing the Fountain Hills McDowell Mountain Preserve. HEARING to receive comments on ORDINANCE #18-14, amending the Town of Fountain Hills (21)PUBLIC Zoning Ordinance, Chapter 9, Section 9.02.C, by revising provisions related to Permitted Use within the Open Space Preservation(OSP)zoning district. 5. CONSIDERATION of ORDINANCE#18-14, amending the Town of Fountain Hills Zoning Ordinance, Chapter 9, Section 9.02.C, by revising provisions related to Permitted Uses within the Open Space Preservation (OSP) zoning district. 6. DISCUSSION with possible direction to staff. 7. SUMMARY OF COMMISSION REQUESTS from Development Services Director. 8. REPORT from Senior Planner. 9. ADJOURNMENT I Planning and Zoning Commission Agenda-Page 1 of3 Supporting documentation and staff reports furnished to the Commission with this agenda are available for review in the Planning&Zoning Division of the Development Services Department. flile DATED this 18`J'day of October 2018. By: Robert Rodge , evelopment Services Director 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 reasonable accommodations to participate in this meeting.A majority of the Council Members may be in attendance. No official action will be taken. Notice is hereby given that pursuant to A.R.S. §1-602.A9, 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 Clerk 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.A9 have been waived." Low Planning and Zoning commission Agenda-Page 3 of 3 ffMNH TOWN OF FOUNTAIN HILLS x Planning and Zoning mar Board of Adjustment x n 9*rbar•.,,Is.A Ono AGENDA ACTION FORM Meeting Date: October 25, 2018 Meeting Type: Regular Agenda Type: Regular Submitting Division: Development Services Staff Contact Information: Robert Rodgers, Development Services Director, brrodgersft.fh.az.gov,480-816-5138 REQUEST TO PLANNING&ZONING COMMISSION: CONSIDERATION FOR APPROVING THE PLANNING&ZONING COMMISSION REGULAR MEETING MINUTES FROM September 13, 2018. 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 September 13, 2018, as presented. Attachment(s): N/A Submitted by: Approved b . [ dr1/ LO VAA,& 10/18/218 10/18/218 Paula Woodward, Executive Assistant Date Ro rs, velopment Services Director Date Page 1 of 2 AT TOWN OF FOUNTAIN HILLS X Planning and Zoning Board of Adjustment AGENDA ACTION FORM Meeting Date: 10/25/2018 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Development Services Staff Contact Information: Robert Rodgers, Development Services Director, rrodgers@fh.az.gov REQUEST TO COUNCIL(Agenda Language): PUBLIC HEARING to receive comments on ORDINANCE#18-13, amending the Town of Fountain Hills Town Code,Article 9, Section 9-5-3, by revising the General Regulations governing the Fountain Hills McDowell Mountain Preserve. CONSIDERATION OF ORDINANCE#18-13, amending the Town of Fountain Hills Town Code, Article 9, Section 9-5-3, by revising the General Regulations governing the Fountain Hills McDowell Mountain Preserve. PUBLIC HEARING to receive comments on ORDINANCE#18-14, amending the Town of Fountain Hills Zoning Ordinance, Chapter 9, Section 9.02.C, by revising provisions related to Permitted Uses within the Open Space Preservation (OSP) zoning district. CONSIDERATION of ORDINANCE #18-14, amending the Town of Fountain Hills Zoning Ordinance, Chapter 9, Section 9.02.C, by revising provisions related to Permitted Uses within the Open Space Preservation(OSP)zoning district. Case#Z2018-05 Applicant: Development Services Department and Toll Brothers Land Development Applicant Contact Information: Robert Rodgers, Development Services Director Owner: Town of Fountain Hills and Toll Brothers Owner Contact Information: Aaron Insco. Land Development Director, (ainsco@tollbrothersinc.com) Property Location: Fountain Hills McDowell Mountain Preserve&Parcel 9, Adero Canyon Related Ordinance, Policy or Guiding Principle: Promote environmentally friendly initiatives Staff Summary(background): Toll Brothers is requesting to be permitted to grade (cut)approximately 1.5 acres of the Fountain Hills McDowell Mountain Preserve that is adjacent to Adero Canyon parcels 5 and 6 in order to create adequate building pads for some house lots within those parcels. No portions of the house lots would cross the property lines(see grading exhibit in their proposal). The cut areas will be behind the rear yards of approximately eight proposed house locations in parcels 5 and 6.The majority of the cuts will not be visible from the Town's Trailhead. The cuts would be visible from inside the Adero Canyon development. In exchange for receiving an encroachment permit to grade these areas, Toll Brothers is proposing to gift Parcel 9 to the Town so that it may be added to the McDowell Mountain Preserve. Parcel 9 is approximately 82 acres in size, currently vacant, and is dedicated open space in the Adero Canyon development. The property has an Open Space Recreation (OSR)zoning designation. Page 1 of 3 Toll Brothers Preserve Grading&Adero Parcel 9 P&Z 10/25/2018 Parcel 9 is a long ridge line that begins at approximately the cul-de-sac in Parcel 7, running southward behind parcels 8 and 10 as well as behind the Copperwynd resort, and ending adjacent to the Sunridge Canyon Driving Range.The parcel is immediately south of the existing McDowell Mountain Preserve sharing it's northern boundary for approximately 4,704' and could be accessed via trail extensions from the preserve in the future if desired. Development Services and Community Services staff met with representatives of Toll Brothers on-site on September 18, 2018 in order to review the proposal and assess any potential issues or impacts that the proposed cuts would create. Additionally, staff reviewed the potential impacts of public access into Parcel 9 which might affect the new homeowners in Adero Canyon and some possible methods of mitigation such as small buffers were discussed. Staff believes that the grading encroachment will not be overly detrimental to the preserve as the area being affected is practically inaccessible from the trailhead or the preserve. Staff also believes that the addition of 82 acres of undeveloped natural desert to the preserve will be a positive addition to the town's open space as a whole. In order to accomplish these objectives, staff has determined that the Town Code and the Zoning Ordinance both must be amended to permit the grading encroachments. Attached Ordinance #18-13 amends the Town Code to allow the encroachments, and Ordinance#18-14 amends the OSP provisions of the Zoning Ordinance to allow the encroachments. Both amendments will require Town Council approval of any encroachments into the Preserve.Attached Resolution#2018- 56 authorizes the acceptance of Adero Canyon Parcel 9 as dedicated open space to be added to the Preserve. Risk Analysis(options or alternatives with implications): NA Fiscal Impact(initial and ongoing costs; budget status): NA Budget Reference(page number): NA Funding Source: NA If Multiple Funds utilized, list here: NA Budgeted; if No,attach Budget Adjustment Form: NA Recommendation(s)by Board(s) or Commission(s): NA Staff Recommendation(s): Staff recommends that the Planning & Zoning Commission forward a recommendation that Town Council approve Ordinance#18-13 amending Town Code, Section 9-5-3 as presented. Staff recommends that the Planning & Zoning Commission forward a recommendation that Town Council approve Ordinance#18-14 amending the Zoning Ordinance, Section 9.02.0 as presented. Staff recommends that the Planning & Zoning Commission forward a recommendation that Town Council approve Resolution#2018-56 accepting Adero Canyon Parcel 9 to be included into the McDowell Mountain Preserve as presented. List Attachment(s): Toll Brothers' proposal(3 pgs) Preserve &Parcel 9 Illustration (1 pg) ORD#18-13(2pgs) ORD#18-14(2pgs) RES#2018-56 with attachments (4 pgs) SUGGESTED MOTIONS (for council use): Move to forward a recommendation that Town Council approve ORDINANCE#18-13 amending the Town Code.Section 9- 5-3 as presented. Move to forward a recommendation that Town Council approve ORDINANCE #18-14 amending the Zoning Ordinance, Section 9.02.0 as presented. ' Move to forward a recommendation that Town Council approve RESOLUTION#2018-56 accepting Adero Canyon Parcel 9 to be included into the McDowell Mountain Preserve as presented. Page 2 of 3 Toll Brothers Preserve Grading&Adero Parcel 9 P&Z 10/25/2018 Prepared by: bert Rod s, Development Services Director 10/17/2018 Director' Approv Robe Ro er , Development Services Director 10/17/2018 Page 3 of 3 Toll 'Brot America's Luxury Home Builder" To: Bob Rodgers I Development Services Director Town of Fountain Hills Re; Adero Canyon Grading Encroachment Agreement 9/11/2018 Mr.Rodgers, The proposed grading encroachment agreement totaling roughly 1.5 acres into lands currently owned by the Town of Fountain Hills, in exchange for the entirety of Adero Canyon Parcel 9 totaling over 82 acres,would deliver a critical extension of an incredibly important asset for the Town and provide significant benefit to surrounding communities. We see the donation of Parcel 9,by Toll Brothers,beneficial to the town for the following reasons: • A net increase of over 80 acres of key Preserve land • Preservation of pristine hillside&ridgelines for: • Distant views throughout Town,from Shea Blvd,&the new Eagle Ridge Drive trailhead • Wildlife habitat • Continuity&connectivity of the Preserve to surrounding communities The 1.5 acres of land requested for grading encroachment within Parcels 5&6 of Adero Canyon,will have minimal impact to the Town or Preserve because: • Minimal impacted area&immediately adjacent to proposed development • No functional use as screen or buffer to development • Not visible from outside the immediate area • Doesn't serve any connectivity or continuity function to the greater preserve. This new,over 82 acres of preserved land would add vital continuity to the Fountain Hills Preserve and would forever preserve important ridgelines&hillsides that are highly visible from Shea Blvd.and throughout Fountain Hills. The 1.5 acres of land required for grading disturbance within Parcel 5&6 of Adero Canyon, while beautiful,holds little value to the greater community or to the Preserve due to its immediate adjacency to the proposed new development. It serves no critical role as a buffer to development or value to the public aesthetically or practically. Parcel 9 however,will preserve pristine,highly visible hillsides in perpetuity and further expand the reach and connectivity of the Preserve into the surrounding communities. Sincerely, Oltd6A Oscar Dominguez Vice President Land Developme New York Stock Exchange Symbol TOL Corporate Office:250 Gibraltar Road,Horsham,PA 19044 (215)938-8000 tollbrothers com , v, ,...... ,,,,,,/ ,r 1 5 2.)A 1 r 7 7P% 6; rip //)2 .\• <.:A. ,0,-* N. . .„10,...".. . 1,5(19,,/, -:.- ',,,:i 'tk. 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WaSial i --- ,... 0., 111:41P.4.14 0 PARCEL 3 ° PARCEL 5 .- • / . .... _ a ,,,- 4 FOUNTAIN HILLS HILLS SRCIL.) t- 7 - ADERO CA ON /,..- MCDOWELL MOUNTAIN 1-.-1-. •X‹ ---' S '• , - I ALE / / -- MC I,/,8/,W•, /E2/LL:://///2 PARCEL 2 ,-1.- PRESERVE SON, RAN// \- : \ PRESRIM'/ PfRCEL7 —.. 14111.'- ,....__PAitgEL 11, PARCEL 9 ) - MOUNTA ITLti .,/ s I.99T NYC ..\ E litO •ARCE• , . )>>'J ..,- 10 N .„(ri l'iL,.1 SRC-CA N.. \ :i.1"L4, \I 17 11 4.-IP' 41,-1 S O. 1 30 0* ' lCA • N,-, >\N<'-':\•*:.,. . ,1i6\. ' ----- ORDINANCE 18-13 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, ARTICLE 9, SECTION 9-5-3, BY REVISING PROVISIONS RELATED TO THE FOUNTAIN HILLS MCDOWELL MOUNTAIN PRESERVE. WHEREAS, the Town of Fountain Hills Town Code (the "Town Code") contains provisions pertaining to regulations governing activities within the Fountain Hills McDowell Mountain Preserve (the "Preserve"); and WHEREAS, it is in the best interests of the citizens of the Town of Fountain Hills (the "Town") to have standards by which authorized individuals may install utilities, grade, landscape, or otherwise encroach into the Preserve; and WHEREAS, the Town desires to clarify the provisions relating to the general regulations governing activities within the Preserve to provide its citizens with a clear statement of the provisions applicable to those activities. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. That the Fountain Hills Town Code, Article 9, Section 9-5-3 Fountain Hills McDowell Mountain Preserve, is hereby amended to read as follows: 9-5-3 General Preserve Regulations The following are prohibited within the preserve: H. Destroying, damaging or removing any vegetative or mineral resource, including but not limited to any tree, shrub, wildflower, cactus or rock outcropping UNLESS SPECIFICALLY AUTHORIZED BY THE TOWN WITH AN ENCROACHMENT PERMIT GRANTED BY THE TOWN COUNCIL. 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. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and execute all documents necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, November 6, 2018. I • FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: L Linda M. Kavanagh,Mayor Elizabeth Burke,Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller,Town Manager Mitesh Patel, Interim Town Attorney Dickinson Wright, PLC ORDINANCE 18-14 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 9, SECTION 9.02.C.6, RELATED TO PERMITTED ACTIVITIES WITHIN THE OPEN SPACE PRESERVATION ZONING DISTRICT. WHEREAS, the Town of Fountain Hills Town Code and the Town of Fountain Hills Zoning Ordinance (the "Zoning Ordinance") each contain provisions pertaining to open space preservation; and WHEREAS, it is in the best interests of the citizens of the Town of Fountain Hills (the "Town") to have a uniform set of standards by which authorized individuals may objectively determine whether a violation has occurred; and WHEREAS, the Town desires to clarify the provisions of the Zoning Ordinance to provide its citizens with a clear statement of the permitted activities relating to the Open Space Preservation (OSP)Zoning District; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. § 9-462.04, public hearings regarding this Ordinance were advertised in the October 3, 2018 and October 10, 2018 editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission on October 25, 2018, and by the Town Council on November 6, 2018. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Town of Fountain Hills Zoning Ordinance, Chapter 9, Section 9.02.C.6, is hereby amended as follows: Chapter 9, Section 9.02.C. Open Space Preservation (OSP) Zoning District 6. Utility services, water tanks, and emergency access easements,, GRADE, LANDSCAPE, OR OTHERWISE ENCROACH, but not including offices, wastewater treatment plants, generating stations, sib-stations, or similar structures, with specific approval of the Town Council WITH AN ENCROACHMENT PERMIT. 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. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and execute all documents necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, November 6, 2018. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Elizabeth Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Mitesh Patel, Interim Town Attorney Dickinson Wright, PLLC RESOLUTION 2018-56 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,DECLARING A PUBLIC NEED AND NECESSITY AND A PUBLIC PURPOSE; AUTHORIZING AND DIRECTING THE TOWN MANAGER, TOWN ATTORNEY AND TOWN CLERK TO TAKE ANY AND ALL ACTION NECESSARY AND TO SIGN ANY AND ALL DOCUMENTS, AND TO PAY ANY AND ALL COSTS OR FEES IN ORDER TO ACQUIRE REAL AND PERSONAL PROPERTY THROUGH GIFT; IDENTIFYING THE REAL AND PERSONAL PROPERTY AS OPEN SPACE OR OPEN AREAS; AND DECLARING AN EMERGENCY. WHEREAS, beginning in August 1998, the Mayor and Council of the Town of Fountain Hills have adopted numerous Resolutions authorizing the acquisition of real property totaling approximately 740 acres for the purposes of open space lands or open areas within the Fountain I-Iills McDowell Mountain Preserve; and WHEREAS, the real and personal property described by this resolution will add approximately 82 acres of additional open space lands or open areas to the Fountain Hills McDowell Mountain Preserve; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AS FOLLOWS: Section 1. That A.R.S. § 9-464 and A.R.S. § 464.01 define open space lands or open areas as areas characterized by great natural scenic beauty, or whose existing openness, natural condition or present state of the use would maintain or enhance the conservation of natural or scenic resources, and that the acquisition of interest in said lands is a public purpose for which public funds may be expended or advanced. Section 2. That the Town has identified a certain parcel of real property identified according to the replat of record in the office of the Maricopa County Recorder in Book 1220 of Maps,Page 28,as Adero Canyon,Parcel 9 and located in Section 6 of Township 3 North, Range 6 East, Gila & Salt River Base & Meridian, Maricopa County Arizona. Said parcel being approximately 82 acres in size and needed for the purpose of connecting to other parcels, either already acquired by the Town or in the process of acquisition by the Town, for open space conservation by the Town. An approximate legal description of the 82 acres is attached as Exhibit A to this Resolution and a map depicting the 82 acres is attached as Exhibit B to this Resolution. Section 3. That the use of said real property for open space is a public use and in the best interests of the citizens of Fountain Hills. RES 2018-56 Section 4. That the Town Manager, Town Clerk, and Town Attorney are hereby authorized and directed to acquire said real property by gift,and to do all acts and to sign all documents and pay all costs necessary to acquire said real property. Section 5. That the immediate operation of the provisions of this Resolution is necessary for the preservation of the public peace, health, safety and welfare of the citizens in that savings of time and expense are currently available to both the Town and property owners, and that the Council therefore declares an emergency to exist, and that this Resolution shall be in full force and effect from and after its passage by the Council,as required by law. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Fountain Hills, Arizona this day of ,2018. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M.Kavanagh,Mayor Elizabeth Burke,Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady Miller,Town Manager Mitesh Patel,Town Attorney Page 2 of 2 Exhibit A PARCEL ACQUISITION FINAL PLAT FOR ADERO CANYON, PARCEL 9 LEGAL DESCRIPTION Parcel 9 of Final Plat for Adero Canyon, Fountain Hills, Arizona, Book 1220 of Maps, Page 28, Official Records of Maricopa County, recorded on March 4, 2015, located in portions of Sections 7, 8 & 17, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County,Arizona. This parcel contains an area of 82.121 acres, more or less. TOWN OF FOUNTAIN HILLS PARCEL ACQUISITION EXHIBIT "B" ADERO CANYON PARCEL 9, BOOK 1220, PAGE 28 MCR \ \ \()-1 y v -y tr\- OWNER:TOWN OF FOUNTAIN HILLS SHADOW CANYON AT APN 217-19 048V SUNRIDGE CANYON BOOK 491,PAGE 28 S- ADERO CANYON PARCEL6 BOOK 1220,PAGE 28 ,�0' SI. 4."`--- -'-' r' OWNER:TOWN OF FOUNTAIN HILLS APN 176-18-002D It \ --_--0v3) ADERO CANYON ADERO CANYON ..... 1 PARCEL 2 PARCEL 7 BOOK 1220,PAGE 28 BOOK 1220,PAGE 40 i ���� `, ADERO CANYON % �� PARCEL 9 ADERO CANYON Imo , 1220-28 MCR SCOTTSDALE /-~ PARCEL 8 APN 217-69-108 ESTATES N _- BOOK 1220,PAGE 82.121 AC \ UNIT ONE, - 6 R,�,,,,`� \` PARCEL .� BOOK677'A'PAGE14 ': ADER. • CANYON PARCEL 10 SUNRIDGE CANYON COMMUNITY ADERO CANYON BOOK 1220, ASSOCIATION PARCEL 1 PAGE 28 BOOK 406,PAGE 23 ' BOOK 1224,PAGE 39 APN 176-18-006G SCOTTSQALE4104, 41 %Ilk o ,Illb 0 WI i• III wili0 zoo' 440 aoo' MAP BASED ON FINAL PLAT FOR E { ii ADERO CANYON REPEAT, FOUNTAIN SCALES DATE: 9-17 HILLS, AZ, BOOK 1220, PAGE 28 MCR DATE: 9-17-2018 co a m-- c N S 3 0 m CDone a, o g a, -0 Y0 omZ53 o © = m 1 Cro . � 13 Q o 13 z 1 0 g 7?2 i ':‘,S, a- Mr, --1 TT 0 ,2-• �v �,, 39 7, rn Tg 3' tilll _ 7/o?, r9"q -a. g '14« 1/4`MI tiiv ; o-.Q n i A -c 'D Ow `�s 00 O vCL CD Oa n lt. 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CD ((Dp• co 0 co `�co m�m �•� co 0 o CL o CzeD y po ,, ` (D ,-] ' + ; , n s = p �cDQmo ,o3 C pQ �cD i pCnCn'� p0 � *120 �� W4 .s .3 CD O ,. .--o,' 0Z0 ''' ° mP') o ( Dc' Na-' ) CD CD Sv Z�� C7'��� Cn ° ° � • 3 1 • PRESENTATION NOTES P&Z 10/25/18 ADERO PHASE II GRADING & LAND DONATION SLIDE 1 - OVERALL AERIAL Toll Brothers is currently designing the Phase 2 parcels in Adero Canyon. Parcels 5 and 6 have presented challenges in grading due to the steepness of some slopes. In order to not have to re-design large areas in these two parcels, Toll Brothers has requested that they be allowed to perform some cut grading along what would be the rear property lines of about 8 lots. This grading would extend into the Fountain Hills McDowell Mountain Preserve (GREEN) and affect an area slightly less than 11h acres. (RED) The proposed cuts are just south of the Town's trailhead, albeit significantly downhill. Only a small portion of the affected areas will be visible from the *railhead. Maybe 1/2 acre. The cut areas will be visible from Parcels 5 and 6 from '"'smthe house lots that back up to these areas. The next slide will show this better. In exchange for permission to perform the grading on Town Preserve property, Toll has offered to donate Parcel 9 (about 82 acres) to the Town so that it may be added to the preserve. (YELLOW) Parcel 9 is a large rugged ridge that begins at about the cul-de-sac of Parcel 7 and runs southeasterly down behind parcels 7, 8, and 10 until ending at Sunridge Canyon's private open space parcel that is adjacent to the driving range. Parcel 9 shares over 4,700' along it's northern boundary with the Preserve. SLIDE 2 - CROSS SECTIONS I asked the Town's GIS Tech to provide cross-section views of the cut areas as if You are looking down at the cuts from the ramada at the trailhead. To see just how visible these cuts will be. While all the cut areas are visible from the house lots that will be backing up to them in Adero Canyon, Cross-sections B and C clearly show that the cut areas directly below the trailhead will not be visible from the ramada area. Cross Section A shows that the cut areas will be partially visible because they are farther away and along the side of the ridge rather than at the bottom. SLIDE 3 - PICS OF PARCEL 9 These are some pictures of Parcel 9, as seen from Parcel 8, that were provided by Toll Brothers. The foreground area that looks like its been cleared is actually the original proposed roadway stub from Parcel 8. MCO had anticipated using this for hillside custom homes in their original Adero Canyon proposal. Toll however, is not proposing to do this. ``SLIDE 4 - ORDINANCES AND RESOLUTION Currently, both the Town Code and the Zoning Ordinance specifically do not allow encroachments for anything other than the trailhead and trail maintenance. Ordinances #18-13 and #18-14 will amend the Town Code and the Zoning Ordinance so that the Town Council will be authorized, when deemed appropriate, to grant encroachments for other activities within the Preserve. The granting of any such encroachments will be done during a public hearing process. Resolution #2018-56 will accept the Parcel 9 gift and add it's 82 acres to the McDowell Mountain Preserve. SLIDE 5 - RECOMMENDATIONS The McDowell Mountain Preservation Commission (MMPC) has forwarded a ecommendation that this proposal be approved. Staff also recommends that the P&Z Commission forward recommendations to Town Council to approve the two Ordinance amendments (ORD's 18-13 and 18- 14) and Resolution 2018-56, as presented.