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HomeMy WebLinkAboutPZ.2016.0728.Agenda Park Place Traffic Stip
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Z Development Services Department
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MEMO
July 27,2016
Robert Rodgers, AICP
Interim Development Services Director
Re: Recommended Park Place Stipulation:
Lengthen Left Turn Pocket on Saguaro at Paul Nordin
Engineering recommends the following stipulation for the Park Place project:
• Reconstruct the northbound to westbound left turn pocket at the Saguaro
Blvd.—Paul Nordin Parkway intersection, to accommodate the proposed
peak hour traffic, as feasible.
Kimley-Horns' Traffic Impact Analysis for the Park Place project indicates(and CK
ter Engineering's review comments agree)that this existing left turn pocket will be too short
for the proposed project's peak hour traffic in the design year(2020) (75' length required
vs. 50' length available). Kimley-Horn indicated that"geometric constraints restrict
mitigation", and did not indicate making any improvements at this location.
However, the above-noted improvement should be made to the maximum extent feasible,
to mitigate/reduce/eliminate back-ups out into Saguaro Blvd.'s through traffic lanes
during peak hour periods. (Providing side-by-side left turn pockets,reducing the left-turn
taper length(s), using a narrow flush concrete median or double yellow median striping,
reducing the left turn lane widths, and/or making other improvements should all be
considered during the design process, to accomplish this.)
If this turn pocket is not lengthened by this developer in this project, it would need to be
lengthened by the Town after this project,due to the proposed impact of this project.
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Town Engineer
CC: Paul Mood
Justin Weldy
16705 E.Avenue of the Fountains—Fountain Hills,Arizona 85268—(480)816-5100-Fax(480)837-3145
1
AINf
., It POST ACTION MEETING AGENDA
4 REGULAR MEETING NOTICE
Z
OF THE
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9°f ° PLANNING AND ZONING COIVIMISSION
Commission Members:
Chairman Mike Archantbault, lice-Chairman Eugene,ilikolajc yk
Commissioners:Stan Connick, Howie Jones,Jeremy Strohan,Susan Dempster and Roger Owers
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 July 28,2016,at 6:30 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: 6:30 P.M. —REGULAR SESSION
WHEN: THURSDAY,July 28,2016
WHERE: TOWN HALL COUNCIL CHAMBERS
16705 EAST AVENUE OF THE FOUNTAINS
Pursuant to A.R.S. 38-431.02,notice is hereby given to the members of the Fountain Hills Planning and Zoning
PROCEDURE FOR ADDRESSING THE PLANNING & ZONING COMMISSION
Anyone wishing to speak before the Commission must till 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
(ii)transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue 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. (ii)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.
Planning and Zoning Commission Agenda
Page 1 of 3
*CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Mike Archambault 6:30 PM
*MOMENT OF REFLECTION—Chairman Mike Archambault
* ROLL CALL—Chairman Mike Archambault
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-43 1-01(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 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 agenda.
AGENDA ITEM(S)
1. CONSIDERATION of APPROVING the Planning and Zoning Commission Meeting Minutes from July 14,
2016. APPROVED
2. CONSIDERATION of a CONCEPT PLAN for the proposed "Park Place, Phase I", a mixed-use development
proposal located at 16725& 16845 E. Avenue of the Fountains. (Case#CP2016-02) APPROVED
3. PUBLIC HEARING of ORDINANCE #16-05, to amend Article II, Section 2.07 of the Fountain Hills Subdivision
Ordinance to allow the ADMINISTRATIVE APPROVAL OF MINOR REPLATS such as lot line adjustments, lot
splits and lot joins. Case#S2016-140PENED 7:06 PM, CLOSED 7:08 PM
4. CONSIDERATION of ORDINANCE #16-05, to amend Article II, Section 2.07 of the Fountain Hills Subdivision
Ordinance to allow the ADMINISTRATIVE APPROVAL OF MINOR REPLATS such as lot line adjustments, lot
splits and lot joins. Case#S2016-14 APPROVED
5. PUBLIC HEARING of ORDINANCE #16-03, a TEXT AMENDMENT to the Fountain Hills Zoning Ordinance,
Section 1.12,Section 6.08.CC,and Chapter 8, relating to Outdoor Lighting controls. Case#Z2016-01 OPENED 7:13 PM
CLOSED 7:25 PM
6. CONSIDERATION of ORDINANCE #16-03, a TEXT AMENDMENT to the Fountain Hills Zoning.Ordinance,
Section 1.12,Section 6.08.CC,and Chapter 8,relating to Outdoor Lighting controls.Case#Z2016-01 APPROVED
7. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.
DISCUSSION with possible direction to staff regarding the initiation of proposed TEXT AMENDMENTS
to the Fountain Hills Zoning Ordinance, Sections 5.19.A and 18.06.B,and to the Fountain Hills Town Code Section 11-
1-7. If adopted, the amendments would revise the NOISE REGULATIONS so as to bring them into conformance
with current technology and to make them easier to enforce. NO ACTION TAKEN
Discussion may also include direction to staff regarding proposed amendments to the Fountain Hills Zoning
Ordinance and Zoning Map for a DOWNTOWN ENTERTAINMENT OVERLAY district which
overlays portions of the C-2,C-3 and TCCD Commercial Zoning Districts in the downtown area.
8. SUMMARY OF COMMISSION REQUESTS from Senior Planner. NO ACTION TAKEN
Planning and Zoning Commission Agenda
Page 2 of 3
AIN 11
c REGULAR MEETING NOTICE
- - = b. OF THE
that is AIM'' PLANNING AND ZONING COMMISSION
Commission Members:
Chairman Mike Archambault, Vice-Chairman Eugene Mikolajczyk
Commissioners:Stan Connick,Howie Jones,Jeremy Strohan,Susan Dempster and Roger Owers
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 July 28,2016, at 6:30 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: 6:30 P.M. —REGULAR SESSION
WHEN: THURSDAY,July 28,2016
WHERE: TOWN HALL COUNCIL CHAMBERS
16705 EAST AVENUE OF THE FOUNTAINS
Pursuant to A.R.S.38-431.02,notice is hereby given to the members of the Fountain Hills Planning and Zoning
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
(ii)transfer any portion of their time to another speaker.
If there is a Public Hearing,please submit the speaker card to speak to that issue 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, (ii)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.
Planning and Zoning Commission Agenda
Page 1 of 3
*CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Mike Archambault
*MOMENT OF REFLECTION—Chairman Mike Archambault
* ROLL CALL—Chairman Mike Archambault
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 (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 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 agenda.
1. CONSIDERATION of APPROVING the Planning and Zoning Commission Meeting Minutes from July 14,
2016.
2. CONSIDERATION of a CONCEPT PLAN for the proposed "Park Place, Phase I", a mixed-use development
proposal located at 16725& 16845 E. Avenue of the Fountains. (Case#CP2016-02)
3. PUBLIC HEARING of ORDINANCE #16-05, to amend Article II, Section 2.07 of the Fountain Hills Subdivision
Ordinance to allow the ADMINISTRATIVE APPROVAL OF MINOR REPLATS such as lot line adjustments, lot
splits and lot joins. Case#S2016-14
4. CONSIDERATION of ORDINANCE #16-05, to amend Article II, Section 2.07 of the Fountain Hills Subdivision
Ordinance to allow the ADMINISTRATIVE APPROVAL OF MINOR REPLATS such as lot line adjustments, lot
splits and lot joins. Case#S2016-14
5. PUBLIC HEARING of ORDINANCE #16-03, a TEXT AMENDMENT to the Fountain Hills Zoning Ordinance,
Section 1.12, Section 6.08.CC,and Chapter 8,relating to Outdoor Lighting controls. Case#Z2016-01
6. CONSIDERATION of ORDINANCE #16-03, a TEXT AMENDMENT to the Fountain Hills Zoning Ordinance,
Section 1.12,Section 6.08.CC,and Chapter 8,relating to Outdoor Lighting controls.Case#Z2016-01
7. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.
DISCUSSION with possible direction to staff regarding the initiation of proposed TEXT AMENDMENTS
to the Fountain Hills Zoning Ordinance, Sections 5.19.A and 18.06.B,and to the Fountain Hills Town Code Section 11-
1-7. If adopted, the amendments would revise the NOISE REGULATIONS so as to bring them into conformance
with current technology and to make them easier to enforce.
Discussion may also include direction to staff regarding proposed amendments to the Fountain Hills Zoning
Ordinance and Zoning Map for a DOWNTOWN ENTERTAINMENT OVERLAY district which
overlays portions of the C-2,C-3 and TCCD Commercial Zoning Districts in the downtown area.
8. SUMMARY OF COMMISSION REQUESTS from Senior Planner.
Planning and Zoning Commission Agenda
Page 2 of 3
11 9. REPORT from Senior Planner and Zoning Administrator,Planning and Zoning Division of
Development Services.
10. ADJOURNMENT
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.
DATED this 21th day of July 2016 By:
obert Rod erim Development Services Director
Town of F untain Hills
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.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 Clerk to suci
recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child
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."
Planning and Zoning Commission Agenda
Page 3 of 3
\ATAINy TOWN OF FOUNTAIN HILLS
440
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AGENDA ACTION FORM
Meeting Date: July 28, 2016 Meeting Type: Regular
Agenda Type: Regular
Submitting Division: Development Services
Staff Contact Information: N/A
REQUEST TO PLANNING & ZONING COMMISSION: Consideration for approving the Planning & Zoning
Commission Regular Meeting Minutes from July 14, 2016.
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): Approval of the Planning & Zoning Commission Regular Meeting Minutes from July
14, 2016.
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 Regular Meeting Minutes dated May July 14, 2016, as
presented.
Attachment(s): N/A
Submitted by: Ap
k2 U�` )) W 07/21/2016 07/21/2016
Paula Woodward, Executive Assistant Date ob rt odgers, Interim Development Services Director Date
Page 1 of 1
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
PLANNING&ZONING COMMISSION
July 14,2016
Chairman Michael Archambault opened the meeting at 6:30 p.m.
ROLL CALL:
The following Commissioners were present: Chairman Michael Archambault. Vice-Chairman Eugene
Mikolajczyk. Commissioners: Stan Connick, Jeremy Strohan, Susan Dempster and Howie Jones by
telephone. Roger Owers was excused. Also in attendance were, Bob Rodgers, Interim Development
Services Director and Paula Woodward, Executive Assistant and Recorder of the minutes.
Chairman Michael Archambault requested participation in the Pledge of Allegiance and a moment of
silent reflection.
CALL TO THE PUBLIC
No one wished to speak.
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE PLANNING AND ZONING
COMMISSION MEETING MINUTES DATED May 26,2016.
Vice-Chairman Mikolajczyk MOVED to APPROVE the meeting minutes dated Thursday, May 26,
2016 as written. Commissioner Connick SECONDED and the MOTION CARRIED
UNANIMOUSLY. (6/0)
AGENDA ITEM #2 — PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE #16-
07, A PROPOSED AMENDMENT TO TOWN OF FOUNTAIN HILLS ZONING MAP. IF
ADOPTED,THE AMENDMENT WOULD REZONE APPROXIMATELY 2.07 ACRES AT 11843
N. DESERT VISTA DRIVE, FROM THE C-1 ZONING DISTRICT TO THE C-3 ZONING
DISTRICT. IF APPROVED, THE REZONING WILL ALLOW THE CONSTRUCTION OF AN
AUTOMOBILE AND RV STORAGE FACILITY. (CASE#Z2016-06)
Chairman Archambault opened the public hearing at 6:32 p.m.
Bob Rodgers, Interim Development Services Director, gave a PowerPoint presentation about the
application submitted by Garry D Hays, PC, on behalf of a potential buyer, Tory Hive, for a rezoning of
the property at 11843, N. Desert Vista Drive from C-1 to C-3 for the purpose of constructing and
operating the Desert Vista Storage Center, a motor vehicle storage facility. Mr. Rodgers said the
application is also for a Concept Plan approval of the proposed storage facility. Mr. Rodgers referred to
an aerial photo showing the site location in relation to the surrounding properties and uses. These
properties are: Desert Vista Park to the West, The Yavapai Nation to the East, Colony Wash is to the
North and, Desert Vista Place Condominiums to the South. Mr. Rogders showed a portion of the zoning
map showing that the property is zoned C-1 Commercial and the properties on the West side of the park
are C-3 Commercial,properties to the South are C-2 Commercial and the properties to the North are R-4,
which is a pre-incorporation, Multi-Family zone. Storage facilities are not permitted in the C-1 zoning
district. They ARE permitted in the C-3 district. This is the reason for the rezoning request. Mr. Rodgers
went on to show a"blow-up"of the site with existing conditions. Mr. Rodgers said the site is a little over
2 acres in size, mostly vacant except for the one building which has, in the past, been a doctor's office,
and it was church. For the last 20 years it has been basically unused and now it's a bit run down. There
are reports that it is becoming an attractive nuisance to kids. The structures behind the property adjacent
to the Reservation are for a Sanitary Sewer Lift station. While Mr. Rodgers showed a slide of the
Page 1 of 7
Concept Plan, he said the proposal is to create an enclosed vehicle storage facility with 86 individual
storage units in 5 single-story buildings. The storage buildings will be approximately 16' high and each
unit will have a bay door. The existing building will remain as the rental office and maintenance building
ce for the facility. Access will be provided off Desert Vista Drive and off Saxon Drive via Gated driveway
entries. Two existing driveways off Desert Vista Drive will be closed and the area will be landscaped.
The right of way will be made to match the opposite side of the road. Mr. Rodgers described the
architectural renderings featured in his slide presentation, showing the interior areas, views from the
streets and alley.
Mr. Rodgers concluded by stating staff recommends that the Commission forward a recommendation to
Town Council to approve the rezoning from C-1 to C-3 and to recommend approval of the Concept Plan.
Both recommendations are subject to the stipulations outlined in the staff report.
Chairman Archambault asked Mr. Rodgers to review the staff stipulations.
Mr.Rodgers summarized the staff stipulations which are listed in the agenda packet as follows:
Staff recommends that the Planning & Zoning Commission forward a recommendation to the Town
Council to APPROVE the proposed ZONING MAP AMENDMENT subject to the stipulations outlined
below:
1. The applicants shall submit Concept Plans that are in substantial conformance with the proposal
outlined in this report showing any and all notes and revisions required by this decision to the
Community Development Director for review and approval prior to making application for a
Building Permit. A copy of said plans shall be submitted with any and all building permit
applications for this project.
2. Appeals: Under Arizona law there is a 30 period in which a zoning approval may be appealed.No
site work or construction activities may be undertaken during this period.
Staff recommends that the Planning & Zoning Commission APPROVE the proposed CONCEPT PLAN
subject to the stipulations outlined below:
1. Approval of the Concept Plan is subject to the above-noted stipulations recommended for the
Zoning Map Amendment approval.
2. Approval of the Concept Plan is contingent upon Town Council approval of the Zoning Map
Amendment. Concept Plan approval shall not take effect unless the Town Council approves the
Zoning Map Amendment.
3. The applicant shall provide a landscaping and lighting plan prior to the issuance of any building
permit and no occupancy permit shall be issued prior to the completion of all site improvements
as depicted and approved.Landscaping plans shall include irrigation details.
4. The applicant shall submit Site Improvement Plans. All utilities and drainage features must be
installed and functional as shown on the improvement plans and approved by the Town Engineer
prior to the issuance of any building permit.
5. No occupancy permit shall be issued prior to the completion of all site improvements as depicted
and approved. Said improvements must be approved by both the Town Engineer and the Planning
Administrator.
Page 2 of 7
6. All off-site drainage or other utility improvements required as conditions of this approval shall
return any off-site disturbed areas to a condition similar to, or better than their pre-existing state
prior to the issuance of a certificate of occupancy. This shall include, but is not limited to re-
() grading, re-vegetating, and re-constructing moved or damaged structures or similar
improvements.
7. All off-site improvements required as conditions of any approval regarding this project shall be
either constructed, or fully bonded with a performance guarantee in a form and amount
satisfactory to the Town Engineer prior to the issuance of an occupancy permit.
8. Prior to the issuance of a Certificate of Occupancy, the applicants shall comply with the
requirements of the Fountain Hills Sanitary District.
9. Prior to the issuance of a Certificate of Occupancy, the applicants shall comply with the
requirements of the Fountain Hills Fire Department.
10. Prior to the issuance of a Certificate of Occupancy, the applicants shall comply with the
requirements of the Fountain Hills Town Engineer
11. Subject to the applicants fulfilling the Public Art requirement pursuant to Section 19.05.I of the
Fountain Hills Zoning Ordinance prior to the issuance of the first Certificate of Occupancy.
Chairman Archambault asked if the applicant wanted to make a presentation.
The applicant, Gary Hayes, spoke on behalf of his client who is a Canadian with a residence here and also
in Prince George, British Columbia. Mr. Hayes went on to say that his client has experience with
establishing specialized vehicle storage centers. The proposed storage facility is specifically for high end
vehicles in a climate controlled environment. The location of these storage facilities are not everywhere
t but determined by the demographics of the community. There would be no more than one employee on
this development since the number of
site. Mr. Hayes brought upthat residents would be happywith p
Y g
vehicle trips are significantly less than trips associated with a typical storage center or retail/commercial
business. Mr. Hayes said he agreed with everything Mr. Rodgers presented earlier. Mr. Hayes concluded
he is available for any questions as is the architect Mark Dorhmann.
Mary Ann Jacobs, Morningside HOA President, stated there is a concern with the amount of lighting that
would affect the residents closest to the storage facility. A previous project proposed at the same sight by
Prevco introduced a 40' building with lighting all around which was a concern for Morningside. What are
the business and lighting hours?
Chairman Archambault closed the public hearing at 6:45 p.m.
AGENDA ITEMS #3 — CONSIDERATION OF ORDINANCE #16-07, A PROPOSED
AMENDMENT TO TOWN OF FOUNTAIN HILLS ZONING MAP. IF ADOPTED, THE
AMENDMENT WOULD REZONE APPROXIMATELY 2.07 ACRES AT 11843 N. DESERT
VISTA DRIVE, FROM THE C-1 ZONING DISTRICT TO THE C-3 ZONING DISTRICT. IF
APPROVED, THE REZONING WILL ALLOW THE CONSTRUCTION OF AN AUTOMOBILE
AND RV STORAGE FACILITY.(CASE#Z 2016-06)
Chairman Archambault asked the applicant to address Ms.Jacob's concerns.
Mr. Hayes explained they will work with staff to ensure they understand the concerns and adhere to town
and state regulations regarding the lighting. He also stated this is a much better project as the building is
16 feet in height compared to the pervious project proposed by Prevco of a 40 feet in building height.
Page 3 of 7
Vice-Chairman Mikolajczyk expressed concern regarding the small exit only location on Desert Vista
Drive.
Mr.Hayes said they can change the Desert Vista Drive location into a larger entry and exit along with any
stipulations.
Commissioner Dempster asked where the RV storage would be located and how the trip count is
determined.
Mr. Hayes said the RV storage would be interior if the RV height could be accommodated. There are no
exterior storage spaces. The trip count is determined by the amount of units and how frequently a renter
would visit. Since these units are primarily used for long term storage, renters would come and go very
infrequently.
Commissioner Dempster asked about the demand for this kind of facility and the lights displayed around
the building rendering.
Mr. Hayes said the owner has done a large amount of research and is a part of a car aficionado
community. There is a demand for facilities to accommodate the discerning car aficionado. Mr. Hayes
committed to working with staff regarding the lighting to make sure they have the least impact on the
residents.
In response to Vice-Chairman Mikolajczyk Mr. Hayes said most facilities like this are 24 hour access.
As the project moves forward Mr. Hayes emphasized they would work with staff on the best method of
the 24 hour access.
Commissioner Connick commented he is in favor of this project. He assumed on the rendering the detail
around the building is scuppers and green louvers, not lighting. Mr. Connick stated as far as the
Morningside community this would be the most minimum impact one could imagine. Having high end
car storage is not an issue with the public. Should anyone trespass they would be found out since there
would be security cameras.
Vice-Chairman Mikolajczyk MOVED to forward a recommendation to Town Council to Approve
Ordinance #16-07, the proposed rezoning of property at 11843 N. Desert Vista Drive from C-1 to C-3 as
presented and subject to the stipulations outlined in the staff report. Commissioner Connick SECONDED
and the MOTION CARRIED UNANIMOUSLY.(6/0)
AGENDA ITEMS #4 —CONSIDERATION OF THE DESERT VISTA STORAGE CENTER
CONCEPT PLAN TO ALLOW THE DEVELOPMENT OF A VEHICLE STORAGE FACILITY
AT 11843 N.DESERT VISTA DRIVE. (CASE#CP 2016-03)
Chairman Archambault asked for any further discussion regarding the Concept Plan.
Mr.Rodgers asked the applicant to confirm there will not be any vehicle repair on the property.
Mr. Hayes confirmed no vehicle repair on site.
Vice-Chairman Mikolajczyk MOVED to APPROVE the Concept Plan for the Desert Vista Storage
Center as presented and subject to the stipulations outlined in the staff report. Commissioner Connick
SECONDED and the MOTION CARRIED UNANIMOUSLY. (6/0)
Page 4 of 7
AGENDA ITEMS #5 — CONSIDERATION OF A CONCEPT PLAN FOR THE AMERICANA
DEVELOPMENT & BUILDING CO., LLC TO ALLOW THE DEVELOPMENT OF A 12.24
ACRE COMMERCIAL PROPERTY ON THE NORTH-EAST CORNER OF AVENUE OF THE
co; FOUNTAINS AND WESTBY DRIVE AT 16575 E.PALISADES BLVD. (Case#CP2016-01)
Mr. Rodgers gave a PowerPoint presentation about the Application submitted by Americana
Development for"Copper Ridge" a commercial/residential/recreational mixed-use development on 12.24
acres, located at 16575 E. Palisades Blvd. Mr. Rodgers showed an aerial photo of the property which is a
bit over 12 acres, with legal frontage on Palisades and frontage on La Montana, Avenue of the Fountains
and Westby Drive. The main access points will be off Westby Drive and La Montana. The Commercial
building facing Palisades may also have an access point from the existing parking lot in Bashas Plaza.
There is a large drainage area that extends from under Westby Drive, through the property, under the
Bashas, plaza and then sheet flows across the plaza parking toward La Montana. Mr. Rodgers said the
property is zoned C-2 commercial and the proposal includes 132 age restricted apartments for
independent living. 60 assisted living units, and 52 memory care units. The proposal also includes
approximately 42,000 sq ft if commercial space in two buildings, a community clubhouse, a park, and a
large Public Art feature on the corner of Avenue of the Fountains and La Montana. The parking is
provided in four on-site parking lots and some additional on-street spaces along La Montana Drive.
Additional on-street parking may be included along Westby Drive. The applicants have asked that the
on-street parking allowance, as well any potential shortfall in spaces be addressed in the development
agreement currently under negotiation with the Town Council. Mr. Rodgers included the landscape plan
in his presentation to help visualize how the proposed site design lays out the building footprints, the
parking areas and the park. Mr. Rodgers displayed the site plan with the phasing lines overlaid. He said
there are four proposed phases: The Independent Living Building, the clubhouse, the park and the main
parking lots between La Montana and Westby are Phase 1. Phase II is the Assisted Living and Memory
Care Building. Phase IIIA is the commercial building on the corner of the Avenue of the Fountains and
La Montana. Phase IIIB is the Commercial Building on the Westby and Palisades corner. All the phases
also include all the site work, sidewalks, and landscaping associated with that phase of development. This
project is also proposed to be re-platted according to the phases outlined in this plan for financing reasons.
Mr.Rodgers commented on the architectural renderings of the Independent Living building which is to be
four stories tall with a maximum building height of 54 feet. However the height is mitigated by the
cutting down into the existing grade so as to sink the ground floor into the ground and lower the
"measured" building height down closer to 40' which is the maximum height allowed in the C-2 zoning
district.This has been requested as part of the development agreement. Mr. Rodgers said that a portion of
the building may still remain above the 40' height limit. The applicants have asked that this also be
addressed in the development agreement if necessary. Mr. Rodgers concluded with saying the staff
recommends that the Commission approve the Concept Plan, subject to the stipulations outlined in the
staff report, and with the understanding that certain items will be addressed in a development agreement
which is to be approved by the Town Council. The applicants are present and would like to make a
presentation.
Mr. Dan Carter, Americana Development, addressed the commission related to the Americana "Copper
Ridge" Senior Living. Mr. Carter said one of the elements of the design is a landscape plan that is
respectful of the area. The goal is to have a proper balance of lush landscape to create a home
environment for the residents of the building and the community surrounding. There is a large park area
in the center for activities and for people to walk their animals. The entire project is planned in phases to
allow for proper planning for the future especially commercial side. They stated they strive for a high
quality architectural design and to make sure there are enough public and private spaces. They are
working with Mr. Rodgers to address some height conflicts. In response to Chairman Archambault, Mr.
Carter said, "There is some level of screening of roof-mounted equipment (mostly architectural) but it
will not be finalized until the decision of invidual air condition unit or a chiller for the building."
Page 5 of 7
Diana Cougar, a Fountain Hills resident, stated the project looks beautiful and it would be a nice
improvement to the vacant lot. Ms. Cougar asked why are recent town projects all four stories and that
she is glad she does not live in the Thunder Ridge Condominiums because they will be dwarfed.
Commissioner Connick asked about the park use and expressed concern about the contour heights.
Mr. Carter said the park is for residents only, such as walking dogs, exercise course and a few putting
greens. The contour heights are a result of what existed prior which was a large gully.
Chairman Archambault asked if the developer ever considered parking spaces on Westby Drive.
Mr. Carter replied they are working with staff regarding the parking and will have more definite answers
as the development agreement is finalized.
Chairman Archambault complimented the developer on the architectural features shown in the renderings.
Commissioner Dempster also complimented the project renderings and asked if the medical and
commercial offices would be open to the public.
Mr. Carter said they are working on what is the best use for the town.
Vice-Chairman Mikolajczyk asked if the building height would be 40 feet above current grade which is
above street level.
Mr. Carter confirmed the building height would be 40 feet above the existing grade by cutting down into
the existing grade so as to bring the bottom floor into the ground.
Vice-Chairman Mikolajczyk asked for clarification on what the developer's definition of senior living.
(to, Mr. Carter answered, age 62 and older.
Commissioner Strohan questioned the grading plan off of Westby Drive. What will the walls look like?
Mr. Carter replied step walls will probably be used. The finish will compliment the rest of the site's
architecture.
Commissioner Jones asked when would phase I begin and end.
Mr Carter stated the project would begin Spring 2017 and Phase I would take 16-18 months to complete.
In response to Chairman Archambault, Mr. Carter stated that the public art piece would be part of the
building architecture and there is a larger piece which is a screening wall that will have a water feature.
Vice-Chairman Mikolajczyk MOVED to APPROVE the CONCEPT PLAN for the Americana
Development & Building Co. LLC mixed-use project on 12.24 acres at 16575 E. Palisades Blvd, as
presented and subject to the stipulations outlined in the staff report, including the approval by Town
Council of any additional terms and conditions outlined in the Development Agreement. Commissioner
Jones SECONDED and the MOTION CARRIED UNANIMOUSLY.(6/0)
AGENDA ITEM#6-COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.
Items listed below are related only to the propriety of(i)placing such items on a future agenda for action
or(ii) directing staff to conduct further research and report back to the Commission.
ilbw Vice-Chairman Mikolajczyk asked Mr. Rodgers the status of the Downtown Entertainment Overlay
Ordinance.
Page 6 of 7
Mr. Rodgers replied the commission will be reviewing the ordinance and the noise ordinance in two
weeks. The town attorney will be available at the Commission meeting to guide the Commission through
his recommendations on the process of approving the ordinances.
AGENDA ITEM#7- SUMMARY OF COMMISSION REQUESTS FROM SENIOR PLANNER.
None
AGENDA ITEM #8 - REPORT FROM SENIOR PLANNER AND ZONING ADMINISTRATOR,
PLANNING AND ZONING DIVISION OF DEVELOPMENT SERVICES.
None
AGENDA ITEM#9-ADJOURNMENT.
The commission adjourned at 7:23 p.m.
FOUNTAIN HILLS PLANNING&ZONING COMMISSION
BY:
Chairman Mike Archambault
ATTEST:
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 14th day of July 14, 2016, 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.
Dated this 19 of July 2016 ti(14A-WLI
Paula Woodward, Executive Assistant
try
Page 7 of 7
O#,%AINittAIN' tC TOWN OF FOUNTAIN HILLS
o Development Services Department
NEW
1110, Planning & Zoning Division
th4tl A ti
AGENDA ACTION FORM
Meeting Date: July 28, 2016 Agenda Type: Regular
Meeting Type: Regular Submitting Department: Development Services
Staff Contact Information: Bob Rodgers, Interim Development Services Director, rrodgers(cr�fh.az.gov
REQUEST TO PLANNING & ZONING COMMISSION:
CONSIDERATION of a CONCEPT PLAN for the proposed "Park Place, Phase I", a mixed-use development
proposal located at 16725 & 16845 E. Avenue of the Fountains. (Case #CP2016-02)
Applicant: Bart Shea, N-Shea Group, LLC
14555 N. Scottsdale Rd. Ste 240
Scottsdale, AZ 85254
(480) 315-0154
twner: Park Place Properties, LLC
C/O Sam Gambacorta
1221 Cleveland Street
Wilmette, III 60091
(847) 251-2348
Property Location: 16725 — 16845 E. Avenue of the Fountains, Fountain Hills, AZ
Plat 208, Block 2, Lot 1A and Plat 208, Block 7, Lots 5A and 5C
Related Ordinance, Policy or Guiding Principle:
Fountain Hills Zoning Ordinance Chapter 2, Section 2.04 — Concept Plan Review
Fountain Hills Zoning Ordinance Chapter 18 —Town Center Commercial Zoning District
Resolution #2016-12 — Minor General Plan Amendment
Resolution #2016-13 — Park Place Development Agreement
Staff Summary (background):
N-Shea Group LLC is proposing to construct a mixed use development project on the vacant land along the
Avenue of the Fountains, between Saguaro Blvd and the Town Hall/Community Center complex. The complete
project will ultimately include 43,000 sq ft of commercial space and 404 multi-family residential dwelling units in
five buildings.
This application is for Phase I of the development. Phase I is located on newly re-platted lots 1A, 5A and 5C.
uilding C is located on lot 1A and Building D is on 5A. Lot 5C contains the main access drive off Verde River
Drive. Phase I includes both buildings, the associated driveways and parking areas, the Avenue of the
Fountains streetscape improvements, a pocket park, public wi-fi, two pools, and other site improvements. Total
Phase I project area is approximately 5.4 acres excluding any off-site work areas.
Park Place Phase I,Concept Plan
P&Z 7/28/2016
Off-site work will include a new parking lot on Town property, Avenue of the Fountains streetscape
iprovements to match the north side of the avenue, crosswalk ramadas, striping for on-street parking on
Verde River Drive and Paul Nordin Pkwy, and public art.
Buildings C and D contain 115 apartment units and 15,752 sf of commercial space each and are to be 4 stories
tall with a maximum height of 54' above natural grade as approved in the Park Place Development Agreement.
The parking requirements for Park Place have been modified by the Development Agreement to allow for a
20% reduction in the number of spaces required. The Development Agreement also requires that each
residential unit have one space specifically reserved for it and that the residential spaces be within 300' of the
units they are reserved for. Reserved residential parking spaces must be on-site and may not be within the
parking lot located on town property or within the town right-of-ways. Staff has reviewed the Concept Plan and
has determined that these criteria have been met.
The project's residential density is also within the limits set by the General Plan (45 units per Acre) and is
within the maximum number of units set by the approved Park Place Development Agreement (420 total units).
The project's architectural design is a modern southwestern design with ground floor commercial office, retail,
and restaurant space facing the Avenue of the Fountains. The upper three floors will contain 1, 2, and 3
bedroom apartments. Each building will also be served by a 2nd story parking deck and a community pool
area.
Risk Analysis (options or alternatives with implications):
Approval will allow the applicants to submit construction drawings for building permit approval.
ihwenial will result in one of three outcomes:
1. require that the applicants revise their proposal to meet the Commission's requirements for approval, or
2. cause the applicants to appeal the Commission's denial to the Town Council, or
3. cause the applicants to abandon their project
Fiscal Impact (initial and ongoing costs; budget status): NA
Staff Recommendation(s):
Staff recommends that the Planning & Zoning Commission approve the Park Place, Phase I Concept Plan
subject to the stipulations outlined below:
1. The applicant shall submit Site Improvement Plans. All utilities and drainage features must be installed
and functional as shown on the improvement plans and approved by the Town Engineer prior to the
issuance of a Building Permit for vertical construction.
2. No Certificate of Occupancy shall be issued prior to the completion of all site improvements as depicted
and approved. Said improvements must be approved by both the Town Engineer and the Planning &
Zoning Administrator.
3. No Building Permit shall be issued for Phase I prior to the applicant submitting a plan to the Planning
Administrator for review and approval which demonstrates that the on-site residential and commercial
parking requirements outlined in the Park Place Development Agreement have been met.
4. No Certificate of Occupancy shall be issued prior to the completion of all streetscape improvements,
ramadas, and the pocket park which are associated with Phase I as required by the approved Park
Place Development Agreement.
Page 2 of 3
Park Place Phase I,Concept Plan
P&Z 7/28/2016
The applicant shall submit an amended Concept Plan showing any and all notes and/or revisions
required by this decision to the Planning Administrator for review and approval prior to making
application for a Building Permit. A copy of said amended and approved Concept Plan shall be
submitted with any and all building permit applications for this project.
6. Prior to the issuance of a Certificate of Occupancy, the applicant shall comply with any requirements of
the Fountain Hills Sanitary District.
7. Prior to the issuance of a Certificate of Occupancy, the applicant shall comply with any requirements of
the Fountain Hills Fire Department.
8. Subject to the applicants fulfilling the Public Art requirement pursuant to the requirements outlined in
Section 19.05.1 of the Fountain Hills Zoning Ordinance, as modified by the approved Park Place
Development Agreement.
9. Subject to the findings and recommendations contained in the July 2016, Traffic Impact Analysis
prepared by Kimley-Horn and titled, "SWC Saguaro Boulevard and Avenue of the Fountains, Fountain
Hills, Arizona". (executive summary attached)
10. Subject to the conclusions and recommendations contained in the July 2016, Parking Analysis
prepared by Kimley-Horn and titled, "Park Place, Saguaro Boulevard and Avenue of the Fountains,
Fountain Hills, Arizona". (attached)
11. Subject to any remaining requirements contained in the approved Park Place Development Agreement.
SUGGESTED MOTION:
Move to Approve the Concept Plan for Park Place, Phase I, as presented and subject to the stipulations
outlined in the staff report.
Attachment(s):
1. Application
2. Applicant's Narrative
3. Park Place Concept Plan Set (25 pgs)
4. Park Place Parking Analysis (7 pgs)
5. Park Place Traffic Impact Analysis Executive Summary (3 pgs)
6. Resolution #2016-12 — Minor General Plan Amendment
7. Resolution #2016-13 — Park Place Development Agreement
8. June 2, 2016 Fountain Hills Sanitary District letter
Submitted by:
cobert cNodgers A*.`fir 7/20/2016
Interim Development Services Director Date
Page 3 of 3
02/14/2013 01:12 8472511495 SAM GAMBACORTA PAGE 01/01
OBI AWN Ir,�. DO Not write in this space —official use only
4o - A. t Filing Date s -{�/b
o `�! a',, Accepted By � -
' `: �' Fee Accepted @ice
o
t Case Manager
a
�'l(hat is A a'°� 6 6QCp
The Town of Fountain Hills u7-et)-16A.j9 : 25 RCVD
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 1 Preliminary/ Final Plat
_. Replat (Lot joins, lot splits, lot line adjustments)
Rezoning (Map) Special Use Permit&Amendments
Site Plan Review (vehicles sales) Temporary Use Permit(Median Fee, if applicable)
, Variance Other
PROJECT NAME / NATURE OF PROJECT:
LEGAL DESCRIPTION: Plat Name 208 Block 2&7 Lot 1A&5A
PROPERTY ADDRESS: NOT YET ASSIGNED.
PARCEL SIZE (Acres)1A-2,58+5A-2.83=5.4 AC ASSESSOR PARCEL NUMBER 176.27-097&176-25-561
NUMBER OF UNITS PROPOSED 115 UNITS X 2=230 UNITS TRACTS 115 UNITS X 2=230 UNITS
EXISTING ZONING PROPOSED ZONING
A licant a 'a q(v
Mrs. BART SHEA-N-SHEA GROUP Day Phone 480-315-0154
Mr.
Ms. Address: 14555 N.SCOTTSDALE ROAD,SUITE 240 City: SCOTTSDALE State: Az Zip; 85254
Email: ehea@scd-Ilc.com
Owner d 1 I to Day Phone 847-251-2348
Mrs. SAM GAMBACORTA-PARK PLACE PROPERTIES
✓ Mr.
Ms. Address: 1221 CLEVELAND City: WILMETTE State: IL Zip: 60091
If application is being submitted by someone other than the owner of the property under consideration,the section below
must be completed.
SIGNATURE OF OWNER _ ,-----• 'c DATE 1 i O/I 1D _
1 I HE' :' • y 0: E TO FILE THIS APPLICATION.
Please Priaky,
'• bscrj„7•r-n• f • rOfore m his /Q 7- " day of T o ��
. . ,1`IY Q S, or_Expires �J�a?D/7 I
No :ry Pu• ' +� ►' Oaoryanna M.8tINs MUNIS
if
1 �""� Notary PubMc-Arizona vy atio
APPLICATION l# D I - 0�"
i ': - �� Expires CA)
January 29,2017
May 10, 2016 a
aDi
VIA HAND DELIVERY "OaOCO�
SeniortPlandners _� -_16pg9 '26 RCVD �imEpcia
&Zoning Administrator 05 `�
Town of Fountain Hills LANDMARK
16705 E Avenue of the Fountains
Fountain Hills, AZ 85268 design
RE: Concept Plan review package regarding the Park Place project.
Mr. Rodgers:
In connection with the Park Place Master Planned project, the applicant hereby submits the Concept
Plan package for Park Place Phase 1.
1. Proposed Name of Development:
Park Place Master Plan
16725 & 16845 E Avenue of the Fountains
Fountain Hills, AZ 85268
f
2. Applicant Information:
N-Shea Group, LLC
14555 N. Scottsdale Rd., Suite 240
Scottsdale, AZ 85266
PH: 480-315-0154
* The property is currently owned by Park Place Properties, LLC. The N-Shea Group, LLC currently
controls the property through an active/executed Purchase and Sale Agreement
3. Legal Description:
LOT 5, OF A FINAL REPLAT OF BLOCK 7, PLAT NO. 208, FOUNTAIN HILLS, ARIZONA BOOK 144 OF
MAPS, PAGE 4, ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF
MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 615 OF MAPS, PAGE 49.
LOT 1, OF A FINAL REPLAT OF BLOCK 2, PLAT NO. 208, FOUNTAIN HILLS, ARIZONA, ACCORDING TO
THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA,
RECORDED IN BOOK 615 OF MAPS, PAGE 48.
EXCEPT ALL MINERALS AS RESERVED UNTO THE UNITED STATES OF AMERICA IN PATENT OF SAID
LAND RECORDED FEBRUARY 28, 1956 IN DOCKET 1839, PAGE 426, RECORDS OF MARICOPA COUNTY,
ARIZONA.
EXCEPT ALL OIL, GASES AND OTHER HYDROCARBON SUBSTANCES, COAL, STONE, METALS, MINERALS,
FOSSILS AND FERTILIZERS OF EVERY NAME AND DESCRIPTION, TOGETHER WITH ALL URANIUM,
THORIUM, OR ANY OTHER MATERIAL WHICH IS OR MAY BE DETERMINED TO BE PECULIARLY
ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIALS, WHETHER OR NOT OF COMMERCIAL
VALUE.
EXCEPT ALL UNDERGROUND WATER, IN, UNDER OR FLOWING THROUGH SAID LAND AND WATER
RIGHTS APPURTENANT THERETO.
4. Generalized Location Map:
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PARKING ANALYSIS
Park Place, Saguaro Boulevard and
Avenue of the Fountains
Fountain Hills, Arizona
Prepared For:
Landmark Design Architects APPROVED
Town of Fountain Hills
BY:
DATE: 7 Z.f i
Planning Dept.
Kimley >>> Horn
191931000
July 2016
Copyright©2016,Kimley-Horn and Associates, Inc.
Parking Analysis
PARK PLACE, SAGUARO BOULEVARD AND
AVENUE OF THE FOUNTAINS
FOUNTAIN HILLS, ARIZONA
S �I
s R, =�
*104
°rE'sicr+eo
JULY 2016 5�
E p, 12
Prepared By:
Kimley >) Horn
Contents
Introduction 1
Report Purpose and Objectives 1
Proposed Development 1
Land Use and Site Plan 1
Parking 3
Parking Circulation 3
Parking Code 3
Calculations of Required Parking 3
Parking Provided 4
Conclusions and Recommendations 4
Figures
Figure 1: Site Plan 2
Tables
Table 1: Land Use 1
Table 2: Code Required Parking 3
Table 3: Provided Parking 4
Park Place,Saguaro Boulevard and Avenue of the Fountains I Parking Analysis
July 2016 I 191931000
C
INTRODUCTION
Park Place is a proposed mixed-use development located on the southwest corner of the intersection of
Saguaro Boulevard and Avenue of the Fountains in Fountain Hills, Arizona. Kimley-Horn and Associates,
Inc., has been retained by Landmark Design Architects to perform the shared parking analysis for the
proposed mixed-use development.
REPORT PURPOSE AND OBJECTIVES
The purpose of this study is to evaluate the parking demand for the Park Place mixed-use development.
This parking study has been prepared peak parking demand established in the Town of Fountain Hills
Zoning Ordinance. This study will address the following:
• Town of Fountain Hills Zoning Ordinance parking requirements;
• Parking provided for the proposed site; and
• Shared parking requirements for different time periods of the day.
PROPOSED DEVELOPMENT
LAND USE AND SITE PLAN
The overall development consists of residential, restaurant and retail land uses. Table 1 illustrates the land
use of the proposed development.
Table 1: Land Use
Land Use Quantity Units
Residential 404 DU
Restaurant 3,000 SF
Retail 36,504 SF
The layout of the site is illustrated in Figure 1. The site is bound to the north by Avenue of the Fountains,
to the south by Paul Nordan Parkway, to the east by Saguaro Boulevard, and to the west by the municipal
complex.
411111
Park Place,Saguaro Boulevard and Avenue of the Fountains I Parking Analysis
1 July 2016 I 191931000
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PARKING
PARKING CIRCULATION
The parking for the proposed development will primarily be ground level parking which is made up of onsite
and on-street parking located around the perimeter of the various buildings as well as surface and Parkade
level parking between buildings B and C and between buildings A and D.All parking is accessible to patrons
of any of the proposed uses on-site. Access points for parking are shown on Figure 1.
PARKING CODE
The Town of Fountain Hills Zoning Ordinance addresses the number of parking spaces required for
developments in the community. These parking requirements are outlined in Chapter 7— Parking and
Loading Requirements. The code Section 7.04 G uses that best represent the development considered
in this report are:
Description Parking Rate
Residential Use
Multiple Dwellings
One Bedroom One and one half(1-1/2) parking spaces per dwelling unit
Two or more Bedrooms Two (2) parking spaces per dwelling unit
Guest 0.25 ('/4) parking spaces per dwelling unit
Restaurants One (1) parking space for each fifty(50) square feet of
useable area.
Retail One (1) parking space per two hundred and fifty(250)
square feet.
CALCULATIONS OF REQUIRED PARKING
The proposed land uses were analyzed with the parking requirements outlined in Section 3.2 to
determine the number of parking spaces required. The results are shown in Table 2.
Table 2: Code Required Parking
Land Use Quantity Units Parking Ratio Required Parking
Residential
1-Bdrm 196 DU 1-1/2 per unit 294
2-Bdrm 206 DU 2 per unit 412
Guest 404 DU 1/4 per unit 101
Restaurant 3,000 SF 1 per 50 SF 60
Retail 36,504 SF 1/250 SF 146
Total 1013
• Park Place,Saguaro Boulevard and Avenue of the Fountains I Parking Analysis
3 July 2016 I 191931000
1 Due to the lack of a specific floor plan for the restaurant space, gross area was used in the calculations
which will provide a surplus of parking.
The proposed uses require 1,013 parking spaces per the Town of Fountain Hills Zoning Ordinance. In
addition to the requirements of the zoning ordinance, a development agreement approved by the Town
provides for a reduction in the required parking of 20%. Therefore the total parking required for the site is
811 space.
PARKING PROVIDED
The current site plan provides parking in various on-street and off street surface locations as well as surface
and parkade locations south of buildings C and D. The parking has been supply has been subtotaled under
West side and East side summaries as shown in Table 3.
Table 3: Provided Parking
West Side East Side
Location Spaces Location Spaces
OFFSITE SOUTH OVERFLOW 50 OFFSITE [AVE OF FTNS] 39
OFFSITE WEST OVERFLOW 66 OFFSITE [RD SOUTH OF MORNINGSTAR] 16
OFFSITE [AVE OF FTNS] 27 OFFSITE [RD WEST OF MORNINGSTAR] 12
ONSITE @ BLDG B 136
ONSITE @ MEDIAN
BETWEEN BLDG B&C 27 ONSITE GARAGES © BLDG F 24
ONSITE @ BLDG C (UNDER
PARKADE) 173 ONSITE BY BLDG E & F 47
ONSITE PARKADE @ BLDG C 67 ONSITE GARAGES @ BLDG E 67
ONSITE @ BLDG D (UNDER PARKADE) 155
ONSITE PARKADE @ BLDG D 49
Total 546 409
The proposed Park Place development is anticipated to provide 955 parking spaces.The proposed number
of parking spaces exceeds the required parking for Park Place by 144 spaces.
CONCLUSIONS AND RECOMMENDATIONS
The proposed Park Place development is located on the southwest corner of the intersection of Saguaro
Boulevard and Avenue of the Fountains in Fountain Hills, Arizona. The overall development consists of
residential, restaurant and retail land uses.
The proposed development is required to provide 811 parking spaces per the Town of Fountain Hills Zoning
Ordinance when calculated per the requirements of the zoning ordinance and the approved development
agreement.
The development is anticipated to provide 955 parking spaces distributed among the various parking areas.
The proposed development is anticipated to provide a surplus of 144 parking spaces.
11 " Park Place,Saguaro Boulevard and Avenue of the Fountains I Parking Analysis
July 2016 I 191931000
07-18-16A10 : 20 RCVD
I
TRAFFIC IMPACT ANALYSIS
SWC Saguaro Boulevard
and Avenue of the Fountains
Fountains Hills, Arizona
Prepared for:
Landmark Design Architects
Kimley>>> Horn
CP 2016-02 - Park Place Phase 1
Plat 208, BIk 2 & 7, Lot 1A & 5A
Traffic Impact Analysis
2nd submittal - 07/18/2016
r
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1 .0 EXECUTIVE SUMMARY
1 .1 INTRODUCTION
p
This report documents a traffic impact analysis performed for a proposed Park Place mixed use
i development located on the southwest corner of the intersection of Saguaro Boulevard and Avenue of the
Fountains in Fountain Hills, Arizona. The site will include residential and commercial land uses and is
r anticipated to be built out by 2020.
1 .2 REPORT PURPOSE AND OBJECTIVES
Kimley-Horn and Associates, Inc., has been retained by Landmark Design Architects to perform the traffic
impact analysis for the proposed development.
• The purpose of this study is to address traffic and transportation impacts of the proposed development on
surrounding streets and intersections. This traffic impact study was prepared based on criteria set forth
by the Town of Fountain Hills. The specific objectives of this study are:
•
• To evaluate lane requirements on all existing roadway links and at all existing intersections within the
' study area;
• To determine future level of service (LOS) for all existing intersections within the study area and
recommend any capacity-related improvements;
• To determine necessary lane configurations at all new driveways within the proposed development in
order to provide acceptable future levels of service;
1 • To evaluate the need for auxiliary lanes at all study area intersections; and
• To evaluate the need for future traffic signals.
1 .3 PRINCIPAL FINDINGS AND RECOMMENDATIONS
i The proposed development is expected to generate 5,416 daily trips, with 296 trips occurring in the AM
peak hour and 429 trips occurring in the PM peak hour. To ensure that the estimate of the traffic impacts
is the maximum that can be expected, it is assumed that the site will be 100 percent occupied upon
buildout in 2020.
1
. The study area unsignalized intersections operate at acceptable levels of service during the AM and
PM peak hours under the existing conditions.
• The study area signalized intersections currently operate at acceptable levels of service during the
AM and PM peak hours under the existing conditions.
1 • The unsignalized intersections will continue to operate at an acceptable level of service in 2020
background conditions with the exception of the northbound and southbound approaches at the
Saguaro Boulevard/Avenue of the Fountains intersection.
,
SWC Saguaro Boulevard and Avenue of the Fountains I Traffic Impact Analysis 4
1 July2015 I Version 1
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411
411
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• The signalized intersections in the study area are anticipated to continue to operate at an acceptable
level of service in 2020 background conditions.
411
• The unsignalized intersections will continue to operate at an acceptable level of service in 2020 total
traffic conditions and the northbound and southbound approaches at the Saguaro Boulevard/Avenue
of the Fountains intersection will continue to operate at an undesirable level of service.
•
• Although the level of service of the unsignalized intersections along Avenue of the Fountains is
acceptable, improvement to the operations at these intersections would require modifications to the
existing median on Avenue of the Fountains. S
• The signalized intersections are anticipated to continue to operate at an acceptable level of service in `
2020 total traffic conditions. S
S
• Due to the poor level of service, a signal warrant analysis was conducted for the Saguaro
111)
Boulevard/Avenue of the Fountains intersection. A review of the 2020 background traffic and 2020
total traffic volumes for the Saguaro Boulevard/Avenue of the Fountains intersection indicates that •
peak hour, four-hour, and eight-hour volume warrants are not anticipated to be met in 2020. It is 5
recommended that vehicular volumes be monitored and evaluated in the future to determine if future S
traffic volumes will warrant the installation of a traffic signal control at this location.
S
• It is recommended to restripe the existing left-turn lane to provide a total 175 feet of storage on the 5
northbound approach to the Avenue of the Fountains/Palisades Boulevard intersection.
40
• It is recommended the northbound approach to the La Montana Drive/Avenue of the Fountains be
restriped to have a left-turn lane with 100 feet of storage. •
• The northbound left-turn storage to the Paul Nordin Parkway/Saguaro Boulevard intersection is S
anticipated to accommodate average queues. During peak periods longer queues may exist. Due to
the side by side left-turn bays at this location, geometric constraints restrict mitigation. •
• Review of the 2020 total traffic volumes reveals that none of the study area intersections or site
driveways meet the MCDOT criteria for the installation of additional right-turn deceleration lanes.
• All proposed driveways meet the MCDOT minimum driveway corner clearance criteria. •
•
• The proposed on-site storage length to the eastbound and westbound approaches to Driveway D3 •
should be extended to 50 feet to allow for two vehicles to queue without obstructing the on-site
circulation drive aisles.An alternative to extending the on-site storage at Driveway D3 would be to
maintain the current on-site driveway storage but to widen the driveway on both approaches to allow
for a separate left-turn and right-turn lane.
40
Sitar
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5 SWC Saguaro Boulevard and Avenue of the Fountains I Traffic Impact Analysis
July 2015 I Version 1
•
•
RESOLUTION 2016-12
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS GENERAL PLAN 2010 REGARDING ALLOWABLE RESIDENTIAL
DENSITIES IN MIXED USE DEVELOPMENTS WITHIN THE
BOUNDARIES OF THE DOWNTOWN SPECIFIC AREA PLAN, AS SHOWN
IN CASE NO. GPA2016-01.
WHEREAS, the Town of Fountain Hills General Plan 2010 (the "General Plan") was
adopted by the Mayor and Council of the Town of Fountain Hills (the "Town Council") on
January 7, 2010, and ratified by the qualified electors of the Town of Fountain Hills (the
"Town")on May 18, 2010; and
WHEREAS, Figure 11 in Chapter 3 of the General Plan (the"Land Use Plan") sets forth
the land-use designations for all real property within the corporate limits of the Town; and
WHEREAS, the Land Use Plan designates the area of downtown that is included in the
Downtown Area Specific Plan; and
WHEREAS, the Land Use Definitions set forth in Chapter 3 (Land Use Element)of the
General Plan include residential densities for multifamily uses, but do not specifically address
the residential densities allowed in mixed use developments; and
WHEREAS, the General Plan establishes the authority and procedures for amendments
to the General Plan land-use designations; and
WHEREAS, the Town Council desires to amend the General Plan to provide for a range
of residential densities in mixed use areas(the"General Plan Amendment"); and
WHEREAS, pursuant to ARIZ. REv. STAT. § 9-461.06 and the General Plan. the Town
has consulted with, advised and provided the opportunity for public comment on the General
Plan Amendment; and
WHEREAS, pursuant to ARIZ. REV. STAT. § 9-461.06 and the General Plan, the Town
Planning and Zoning Commission (i) held a public hearing on the proposed General Plan
Amendment on May 26, 2016, and (ii) provided notice of such hearing by publication in the
Fountain Hills Times on May 11,2016, and May 18,2016; and
WHEREAS, pursuant to ARIZ. REv. STAT. § 9-461.09 and the General Plan, the Town
Council (i) held a public hearing on the proposed General Plan Amendment on June 16, 2016
and (ii) provided notice of such hearing by publication in the Fountain Hills Times on
May 11,2016, and May 18, 2016; and
WHEREAS, the Town Council fmds and determines that (i) proper notice of the
proposed General Plan Amendment has been given in a manner required by ARIZ. REv. STAT. §
9-461.09 et seq. and (ii)each of the required publications have been made.
2667797.3
NOW, THEREFORE, BE IT RESOLVED 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 General Plan is hereby amended to modify the narrative text for the
definition of the Mixed Use land-use category(p. 37)as follows:
Mixed-Use
The Mixed Use category denotes the Town Center area where a mix of commercial,
retail,office,high density residential, municipal, civic,recreational,cultural,institutional,
parking, lodging and religious facilities are to be located. Several uses can be
accommodated within a single project if the mix of uses is carefully designed to be
mutually supportive and the project as a whole will reinforce the viability and vision of
the Town Center. Notwithstanding maximum residential densities designated for other
land-use categories, high-density residential uses in the mixed use category may be up to
28 DU/acre within the boundaries of the Downtown Area Specific Plan, EXCEPT FOR
THE AREAS WITHIN THE AVENUE DISTRICT AND SOUTH END DISTRICT,
WHICH MAY BE UP TO 45 DU/ACRE.
SECTION 3. If any provision of this Resolution is for any reason held by any court of
competent jurisdiction to be unenforceable, such provision or portion hereof shall be deemed
separate, distinct and independent of all other provision and such holding shall not affect the
validity of the remaining portions of this Resolution.
SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to take all steps necessary to carry out the purpose and intent
of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona,June 16,2016.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
inch M. Kac?et.404011-02A•ty-s..,t—
ho, Mayor Bevelyn J. Ben r,To Clerk
>
REVIEWED BY: APPROVED AS TO FORM:
11111 Grady E. Mil r,To n Manager Andrew J. McGuire,Town Attorney
2667797.3
2
rn• RESOLUTION 2016-13
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN
HILLS, ARIZONA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE
TOWN AND N-SHEA GROUP, LLC AND PARK PLACE PROPERTIES,LLC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The Development Agreement between the Town of Fountain Hills and
N-Shea Group, LLC and Park Place Properties, LLC is hereby approved in substantially the form
and substance attached hereto as Exhibit A and incorporated herein by reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to execute all documents and take all steps necessary to carry
out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona,June 16, 2016.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
67 /tiini4
Linda M.Kava ff Mayor Bevelyn J. Be er,T n Clerk
REVIEWED BY: APPROVED AS TO FORM:
V\4•044A-'N..e•
Grady E. Mill• o I Manager Andrew J. McGuire,Town Attorney
2667926,1
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
20160478461 07/07/2016 04 : 17
ELECTRONIC RECORDING
Town of Fountain Hills I
16705 E.Avenue of the Fountains I RESNO1613-58-1-1--
Fountain Hills, AZ 85268 I Palumboa
l
Development Services Department
RESOLUTION NO. 2016-13
A RESOLUTION OF THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA,
APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE TOWN AND N-SHEA GROUP, LLC AND
PARK PLACE PROPERTIES, LLC.
JUNE 16, 2016
WITH EXHIBITS
DO NOT REMOVE
This is part of the official document
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Vital Is XtV1
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20160478461
EXHIBIT A
TO
RESOLUTION 2016-13
[Development Agreement]
See following pages.
•
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2667926.1
20160478461
seeks assurances from Developer that Developer will, subject to market conditions, complete the
acquisition of the Property in one or more phases and thereafter timely develop the Project on the
Property generally in accordance with the Land Use Plan attached hereto as Exhibit B, and
incorporated herein by reference (the "Land Use Plan"), and in accordance with the
"Development Schedule described herein. Prior to construction on the Property, the Land Use
Plan shall be refined into one or more Concept Plans (as described below) for approval by the
Town's Planning and Zoning Commission (the "Commission") and the Town Council of the
Town of Fountain Hills(the"Town Council"), as hereinafter provided by this Agreement.
E. The Parties understand and acknowledge that this Agreement is a "Development
Agreement"within the meaning of, and entered into pursuant to the terms of, ARIZ.REV.STAT. §
9-500.05, in order to facilitate the proper development of the Property by providing for, among
other things (i) conditions,terms, restrictions and requirements for the Property by the Town, (ii)
the intensity and height of such uses, and (iii) other matters related to the development of the
Property. The terms of this Agreement shall constitute covenants running with the Property, as
more fully described in this Agreement.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing introduction and recitals, the
promises contained in this Agreement, and for other good and valuable consideration, the receipt
and sufficiency of which the Parties hereby acknowledge, the Parties hereto agree as follows:
1. Incorporation of Recitals. The foregoing introduction and recitals are true and
correct and incorporated by this reference as if fully set forth herein.
2. Term and Effective Date. Developer, its successors and assigns, shall have the
right to implement development on the Property in accordance with this Agreement for a period
of six years after the Effective Date, at which time this Agreement shall automatically terminate
as to the Property without the necessity of any notice, agreement or recording by or between the
Parties (the "Term"); provided, however, that provisions of this Agreement that specifically
survive the termination of this Agreement shall remain in full force and effect,subject only to the
termination provisions herein specifically related thereto; provided further, however, that if
Developer fails to substantially fulfill any of its obligations as set forth in Section 6 below, this
Agreement shall immediately terminate upon expiration of the applicable cure period without
further act by Developer or the Town Council. This Agreement shall become effective only
upon execution by Owner and the Parties below.
3. Land Use Plan; Concept Plan.
3.1 Land Use Plan. The Town hereby approves the Land Use Plan.
Developer acknowledges that such Land Use Plan is not a "Concept Plan" as such term is
defined in the Town of Fountain Hills Zoning Ordinance (the "Zoning Ordinance") and agrees
that a "Concept Plan" (as described in the Zoning Ordinance) must be submitted for approval in
compliance with Section 3.2 below.
411111, 2440206.24
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20160478461
4. Use of Town Property. The Town Council, in the
sole discretion and subject to
existing state and local laws and ordinances, has determined that it is necessary in furtherance of
the economic development in the Town to make available for use by Developer certain Town
property in conjunction with the Project. The Town agrees to allow Developer's use of such
Town property, in the manner described below, conditioned upon Developer's completion of the
public improvements described in this Section.
4.1 Rights-of-way. The Town agrees to timely provide, in favor of Developer
at no cost, all construction easements, permits or approvals required to construct the necessary
improvements to or within Town rights-of-way. Developer shall apply for such permits and
provide the required information, but there shall be no fees related to the application and
issuance of the easements, permits or approvals. The Town's obligations in this Section 4.1 are
subject to Developer's provision of necessary insurance and indemnification substantially in the
form attached hereto as Exhibit C, and repair of any Town rights-of-way to substantially the
condition existing prior to Developer's improvements (excepting such improvements), to the
extent such damage is caused by the development of the Project. The cost waivers in this
Section shall not apply to permits for utility work within the Town's rights-of-way by utility
companies or their subcontractors.
4.2 New Town Parking Lots. The Town hereby agrees to allow Developer to
construct two parking lots containing a total of not less than 130 parking spaces on portions of
the Town's real property located (A) adjacent to the southwestern-most portion of the Property
(the "Paul Nordin Lot"), and (B) immediately east of the Town-owned parking lot utilized for
law enforcement parking adjacent to Avenue of the Fountains (the "AOTF Lot"), both as more
particularly shown on the Land Use Plan. The Paul Nordin Lot and the AOTF Lot are together
referred to herein as the"New Town Parking Lots." The New Town Parking Lots may contain
parking spaces that are 17 feet deep with a 2-foot overhang over the landscape buffer for those
parking spaces that face a landscape buffer. All identified disabled parking spaces must meet
ADA standards. All other spaces shall be designed and constructed according to Town
standards. Developer agrees and understands that the use of the Town's real property to
construct the New Town Parking Lots is conditioned upon the following:
A. Paul Nordin Lot Additional Requirements. Developer shall
construct the Paul Nordin Lot not later than the date of a certificate of occupancy for any
building in Phase 3 of the Project. Developer shall design and construct the Paul Nordin
Lot consistent with Chapter 8 of the Zoning Ordinance. Developer shall design and
construct the Paul Nordin Lot in a manner that avoids or remedies conflicts with the
existing Fountain Hills Sanitary District and Salt River Project facilities, unless such
conflicts are approved by the respective owner entity, in writing,prior to issuance of any
permit related to construction of the Paul Nordin Lot.
B. AOTF Lot Additional Requirements. Developer shall construct
the AOTF Lot not later than the date of a certificate of occupancy for any building in
Phase 1 of the Project. Developer shall design and construct the AOTF Lot: (1) in a
manner that (a) avoids or remedies conflicts with the existing Fountain Hills Sanitary
District and Salt River Project facilities, unless such conflicts are approved by the
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2440206.24
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20160478461
installation of art pieces, (c) landscaping, (d) seating, (e) lighting, and (flelectrical
fixtures, all as shall be further described in the Phase 3 Concept Plan; and (2) be
constructed to the same or better standards, finishes and materials as the Town's recently
completed Avenue Plaza. The Art Walk shall be connected to the existing improvements
in the Centennial Circle area. Developer shall be responsible for coordinating the Art
Walk design with the Town's Community Services Department and the Art Committee of
the Fountain Hills Cultural and Civic Association.
B. Avenue of the Fountains Streetscape. Subject to the provisions of
Subsection 4.4(D) below, Developer shall design and construct improvements to the
Avenue of the Fountains streetscape in accordance with the Phase I Concept Plan or
Phase 2 Concept Plan, as applicable. Such streetscape improvements shall: (I) include
(a) ADA-compliant sidewalks and ramps, (b) a ramada at the west cross walk to match
the location of the Town-constructed ramada on the north side of the Avenue of the
Fountains, as generally shown on the Land Use Plan (the "Ramada"), and an
architectural feature (at the east crosswalk as generally shown on the Land Use Plan)
similar in design to the Town-constructed ramada on the north side of Avenue of the
Fountains (the "Architectural Feature"), (c) landscaping, (d) seating, (e) lighting, and
(f) electrical fixtures as described in the applicable Concept Plan (collectively, the
"Streetscape Improvements"); and (2) be constructed to the same or better standards,
finishes and materials as the Town's improvements on the north side of Avenue of the
Fountains.
C. Avenue of the Fountains Pocket Park. Developer shall design and
construct a pocket park along the Avenue of the Fountains in the location shown on
Exhibit B (the "Pocket Park"). The Pocket Park shall be constructed: (I) to the same or
better standards, finishes and materials as the Town's recently completed Avenue Plaza
and in accordance with the Phase 1 Concept Plan; and (2) in a manner that relocates the
existing Salt River Project facilities to an area outside the Pocket Park.
D. Timing of Construction. The Streetscape Improvements, the
Pocket Park and the Art Walk (collectively, the "Open Space Improvements") shall be
designed and constructed, in conjunction with each specific Phase (as set forth in the
Land Use Plan), and shall be completed and accepted by the Town before a certificate of
occupancy issues for that particular Phase.
4.5 Maintenance. Notwithstanding the provisions of Subsection 6.2(K)
below, Developer shall be responsible for maintenance of Developer's landscape improvements
for all of the street rights-of-way immediately adjacent to the Property, except for the Avenue of
the Fountains Streetscape Improvements. Upon acceptance of the Art Walk and the Streetscape
Improvements, in each instance pursuant to Subsection 6.2(K) below, the Town shall be
responsible for maintenance of such improvements. Developer shall be responsible for
maintenance of the Pocket Park according to the obligations set forth in the Parking Easement
Agreement related to the AOTF Parking Lot.
2440206.24
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20160478461
designed and constructed according to Town standards gn g ; provided, however, that all
disabled parking spaces shall meet ADA requirements.
5.4 Decrease in Size and Number of Loading Zones for the Project. The off-
street loading and unloading space requirements set forth in Subsection 7.04(H) of the Zoning
Ordinance are modified to permit the required dimensions of the loading zones to be reduced
from 12'x45' to 10'x30', and to reduce the number of loading zones required on the Property to
four.
5.5 Increase of Building Height for the Project. Subject to the limitations
herein, the maximum building height restrictions in Section 18.14 of the Zoning Ordinance are
modified to allow a maximum building height of 54', including all equipment parapets/screens,
except for"Building F", as shown on the Land Use Plan, which shall be limited to not more than
three stories and shall not exceed 40' in height. No building in the Project may contain more
than three residential floors.
5.6 Exterior Elevation Offsets for the Project. The exterior offset
requirements set forth in Subsection 18.03(C)(4) of the Zoning Ordinance are modified to (A)
decrease upper story exterior wall plane offsets (either vertical or horizontal)from a minimum of
20% to a minimum of 10%, and (B) increase the maximum length, from 10 feet to 25 feet,of any
upper story wall plane that is not offset.
5.7. Provision of Wi-Fi. Developer shall install and operate free, public Wi-Fi
internet infrastructure along the Avenue of the Fountains in conjunction with Phase 1 and Phase
2. Such Wi-Fi internet infrastructure shall provide coverage extending along the "Avenue Plaza"
within the Avenue of the Fountains from La Montana Drive to Saguaro Boulevard and shall be
operational for (A) the segment adjacent to Phase 1 prior to issuance of a certificate of
occupancy for Phase 1, and(B) the segment adjacent to Phase 2 prior to issuance of a certificate
of occupancy for Phase 2. Each segment shall be certified to the Town by the system
designer/provider as meeting the coverage requirements of this Section 5.7. Developer shall be
solely responsible for the operation and maintenance of each segment of the Wi-Fi internet
infrastructure for a period of four years after the date the Town issues the certificate of
occupancy for Phase 1. Developer may satisfy its operation and maintenance responsibility with
respect to the Wi-Fi internet infrastructure by executing and delivering to the Town one or more
agreements with a third-party provider reasonably acceptable to the Town, which agreement(s)
shall incorporate Developer's responsibilities under this Section 5.7. The Town's
acknowledgment of the transferred responsibility shall be evidenced by an estoppel certificate
issued by the Town pursuant to Subsection 9.20(C)below.
5.8 Residential-Only Buildings. Subsection 18.03(C)(2)is hereby modified to
allow for residential-only use of Building "F" in Phase 2 and all buildings in Phase 3,
substantially as shown on the Land Use Plan.
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20160478461
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D. Third Party Review and Inspection. Developer agrees and
understands that the Town has concluded it lacks sufficient resources to provide plan
review and inspection services within the review time periods Developer desires for the
Project, causing the Town to require an outside consultant to perform the tasks on the
Town's behalf. The Developer will be required to pay the direct costs incurred by the
Town resulting from its contract for the services of an outside firm to provide plan review
and inspection in connection with the Project. The Town shall perform all plan review
and inspections related to fire safety and planning and zoning; the Fountain Hills Sanitary
District will perform all plan review and inspections related to sanitary sewer; and Epcor
will perform all plan review and inspections related to the Project's potable water supply.
If a third-party plan review and inspection firm is retained, Developer shall only be
responsible to pay the percentage of the Town's then-current building permit fee, as
determined by the Town Manager at the time the Town and Developer execute a third-
party review agreement, to cover the cost of the planning and zoning/landscape plan
review and inspection. Developer shall be responsible for 100% of the cost of the plan
review and inspection fees related to fire safety.
E. Building Permits. Developer shall secure all grading, building and
construction permits in accordance with the Town code and ordinances, or as required by
any other governmental agency, prior to starting any site grading or construction
activities on the Property. Developer is permitted to submit for review building and
construction permits prior to Concept Plan approval for a Phase. The Town shall
• coordinate with the third party plan review firm to ensure the plans submitted adhere to
this Agreement and the applicable Concept Plan, including any changes to such Concept
Plans required by the Town Council as part of its approval. Notwithstanding the
allowance for early building and construction plan submittal set forth in this Subsection
6.2(E), Developer agrees and understands that no permits for the construction of a Phase
will be issued prior to Town Council approval of the Concept Plan for the portions of the
Project within that Phase.
F. Construction on Property. After final approval of the applicable
Concept Plan by the Commission and the Town Council and acquisition of the Property
according to Subsection 6.2(B) above, Developer shall commence construction of each
Phase within a commercially reasonably timeframe according to the Development
Schedule and after receipt of all building permits for vertical construction of such Phase.
For the purposes of this Agreement, (I) "vertical construction" shall mean construction
of retaining walls, exterior walls, footings or slabs of restaurant, retail, entertainment and
residences on the Property and (2) "commence construction" shall mean the
mobilization of sufficient construction resources to the Property to complete the
applicable Phase according to the Development Schedule and the Town's codes and
ordinances.
G. Traffic Study. Developer has submitted for review and approval to
the Town a traffic impact analysis prepared by a qualified professional identifying(1) the
Project impacts (including those created by the Morningstar assisted living facility) on
traffic circulation in the area surrounding the Project, including but not limited to the area
244020624
10
20160478461
promptly notify the Town in writing completion of the of such Public Infrastructure
Improvements. Developer shall dedicate to the Town, at no cost to the Town, such
completed Public Infrastructure Improvements free and clear of all liens and
encumbrances and in accordance with Town standards applicable to such dedication and
acceptance. So long as such Public Infrastructure Improvements are constructed in
accordance with Town standards, as verified by the Town's inspection of the completed
Public Infrastructure Improvements, all punch list items have been completed and the
Public Infrastructure Improvements are free of any liens and encumbrances, the Town
shall accept the Public Infrastructure Improvements, and such acceptance shall not be
unreasonably withheld or delayed. The Town shall promptly notify Developer, in
writing, of the Town's acceptance of the Public Infrastructure Improvements.
Acceptance of any Public Infrastructure Improvement is expressly conditioned upon
Developer providing a warranty for such Public Infrastructure Improvement, as provided
in Subsection 6.2(L) below. Subject to the limitation set forth below, after acceptance of
any Public Infrastructure Improvements, the Town thereafter shall maintain, repair and
operate such Public Infrastructure Improvements at its own cost, which obligation shall
survive any termination of this Agreement. Notwithstanding the Town's maintenance
obligations set forth above, Developer shall be solely responsible for the cost of operating
(including, but not limited to costs for water, electricity and dust control)and maintaining
the New Town Parking Lots constructed on Town property as set forth in the applicable
Parking Easement Agreement, such maintenance to be conducted at the same intervals
and standards as Developer's parking areas, subject to prior notice to, and approval by,
the Town Manager. Developer shall be solely responsible for the maintenance of all
Public Infrastructure Improvements until dedicated to, and accepted by, the Town as
provided above.
L. Warranty. Developer or its assignee shall give to the Town a one-
year warranty for all. Public Infrastructure Improvements, which warranty shall begin on
the date that the Town accepts the Public Infrastructure Improvements as provided in
Subsection 6.2(K). Any material deficiencies in material or workmanship identified by
Town staff during the one-year warranty period shall be brought to the attention of
Developer or its assignee that provided the warranty, who shall promptly remedy or cause
to be remedied such deficiencies to the reasonable satisfaction of the Town. Continuing
material deficiencies in a particular portion of the Public Infrastructure Improvements
shall be sufficient grounds for the Town to require (1) an extension of the warranty for an
additional one-year period, and (2) the proper repair of or the removal and reinstallation
of, that portion of the Public Infrastructure Improvements that is subject to such
continuing deficiencies. Regardless of whether the applicable warranty period has
expired, Developer agrees to repair any damage to the Public Infrastructure
Improvements caused by Developer's construction activities on the Property. Nothing
contained herein shall prevent the Town or Developer from seeking recourse against any
third party for damage to the Public Infrastructure Improvements caused by such third
party.
M. Site Drainage. Developer agrees and understands that the Town's
willingness to permit reduced parking requirements on the Project site is based upon,
4110
2440206.24
12
20160478461
With a copy to: Gust Rosenfeld, P.L.C.
One East Washington, Suite 1600
Phoenix, Arizona 85004-2553
Attn: Andrew J. McGuire, Esq.
If to Developer: N-Shea Group, LLC
14555 N. Scottsdale Road, Suite 240
Scottsdale, Arizona 85254
Attn: Bart M. Shea
With a copy to: DKL Law, PLLC
14555 N. Scottsdale Roade, Suite 240
Scottsdale, Arizona 85254
Attn: David W. Lunn, Esq.
If to Owner: Park Place Properties, LLC
1221 Cleveland Street
Wilmette, Illinois 60091
Attn: Sam Gambacorta
or at such other address, and to the attention of such other person or officer, as any Party may
designate in writing by notice duly given pursuant to this Section. Notices shall be deemed
�, received: (A) when delivered to the party; (B) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage; or (C) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a party's counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a Party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
9.2 Entire Agreement; Amendment. This Agreement (including Exhibits A -
G attached hereto, which are incorporated herein by this reference) is intended to be and
constitutes the entire agreement between the Parties with respect to the subject matter hereof; and
may be amended only by an instrument in writing signed by the Town, Developer and the then-
current owner of any portion of the Property affected by such amendment. No amendment or
waiver of any provision in this Agreement shall be binding (A) on the Town unless and until it
has been approved by the Town Council and has become effective, (B) on Developer unless and
until it has been executed by an authorized representative of Developer, or (C) on the then-
current owner of the Property unless it has been executed by an authorized representative of such
owner. Any amendment to this Agreement in connection with Transferred Property (defined
below) shall affect only the Transferred Property and shall not be an amendment of this
Agreement as to the part of the Property that is not affected by a Transfer(defined below). Any
amendment to this Agreement in connection with a portion of the Property that is not Transferred
2440206.24
14
20160478461
represent and warrant that the individual executing this Agreement on behalf of their respective
entities are authorized and empowered to bind the entity on whose behalf each such individual is
signing.
9.9 Assignment. Developer shall transfer or assign ("Transfer") all of its
rights and obligations under this Agreement with respect to any portion of the Property to any
person or entity ("Transferee")who acquires such portion of the Property, which Transfer shall
occur when the Transferee takes title to such portion of the Property. Developer shall be
released from its obligations under this Agreement and any associated easement agreement with
respect to the portion of the Property that is transferred ("Transferred Property"), so long as all
of the following conditions have been met:
A. Proper Notice. Developer has given the Town notice of the
Transfer, which shall include a legal description of the Transferred Property and the
name, address and telephone number for notice purposes,of the Transferee.
B. Acceptance by Transferee. The Transferee has agreed, in writing,
to be subject to all of the provisions of this Agreement applicable to the Transferred
Property and any applicable easement agreement associated with the Transferred
Property.
9.10 Third Parties. No term or provision of this Agreement is intended to, or
shall be, for the benefit of any person or entity not a signatory hereto, and no such other person
or entity shall have any right or cause of action hereunder.
9.11 No Partnership. None of the terms or provisions of this Agreement shall
be deemed to create a partnership between or among the parties hereto, nor shall this Agreement
cause them to be considered joint ventures or members of any joint enterprise. Each party hereto
shall be considered a separate entity, and no party hereto shall have the right to act as an agent
for another party hereto, unless expressly authorized to do so herein or by separate written
instrument signed by the party to be charged.
9.12 Waiver. No delay in exercising any right or remedy shall constitute a
waiver thereof, and no waiver of any breach shall be construed as a waiver of any preceding or
succeeding breach of the same or any other covenant,or condition of this Agreement. No waiver
shall be effective unless it is in writing and is signed by the party asserted to have granted such
waiver.
9.13 Further Documentation. The parties hereto agree in good faith to execute
such further or additional instruments and documents and to take such further commercially
reasonable acts as may be necessary or appropriate to fully carry out the intent and purpose of
this Agreement, in each case, at no additional expense to the party hereto who does not initiate
the request.
9.14 Fair Interpretation. The Parties and Owner have been represented by
counsel in the negotiation and drafting of this Agreement and this Agreement shall be construed
2440206.24
16
•
20160478461
1111)
obligations remain with respect to such Phase. The Town will deliver the statement to the
requesting party within 15 days after request. The Town acknowledges that the requesting party
and any such assignee, transferee, tenant, purchaser, investor, title company, lender, or
mortgagee may rely upon such statement as true and correct.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
"Town"
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
eorldek il
coda M. Kavanara•Aret
Mayor
ATTEST:
6
Bevelyn J. B er, n Clerk
Itib. (ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On ;,✓ , 2016, before me personally appeared Linda M. Kavanagh,
the Mayor o the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose
identity was proven to me on the basis of satisfactory evidence to be the person who she claims
to be, and acknowledged that she signed the above document, on behalf of the Town of Fountain
Hi Is. .
JENNIFER LYONS
-,,,qr..7)Notty Public-State Co n Ancona `�
Maricopa County �' ��
My f7ommApril 09, n Expires '/j
April 09, 2019 _ Notar Public
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
41/ 2440206.24
18
20160478461
L
"Owner"
Park Place Properties, LLC,
an Arizona limited liability company
By:
m Gambacorta, Member
(ACKNOWLEDGMENT)
STATE C'W/L/60/L//� )
)ss.
COUNTY OF
On C VU/Os / , 2016, before me personally appeared Sam
Gambacorta, a member of Park Place Properties, LLC, an Arizona limited liability company,
whose identity was proven to me on the basis of satisfa .ry ev..ence to be the person who
he/she claims to be, and acknowledged that he signed + ey��=..• ..•nt on behalf of Park
Place Properties, LLC. 44ria
461111611.161111b16c3�orssruN M -5,
ram,wiam-." ; My Commission ExpMN otary Public
3 IMericoPe Caul*
�� Jimmy 2%200
(Affix notary seal here)
41.
2440206.24
20
20160478461
TOWN OF FOUNTAIN HILLS
EXHIBIT A - SHEET 1
LOTS 1A & 1B, BLOCK 2, PLAT 208
1— J
AVENUE OF } (THE FOUNTAINS
J
S69'21'52"E-359.00'�
\ r L
C LOT 5A LOT 5B
o LOT 1A Lit--) I OWNER:
M N
2.58 AC PARK PLACE PROPERTIES, LLC
N.
in N, N Ce REPLAT 208, BLOCK 7
1 1 p
--N69'21'52"W-332.00, W LOT 5C
o` I----N20'38'08"E r co >
to 40.00' `'
ER:
OWNER: z 1� N69'21'52"E* - z I a MS-FOUNTAIN HILLS LLC
TOWN OF FOUNTAIN �: 57.00' (N, W PLAT 208, BLOCK 7, LOT 6
HILLS o LOT 1B �� >
�� 2.179 AC
C1
N69'21'52"W-359.00'f 7 PAUL NORDIN PKWY
RIGHT-OF-WAY
\
OWNER: OWNER:
TOWN OF FOUNTAIN HILLS VILLAGE AT TOWNE CENTER
MAP BASED ON " A FINAL REPLAT OF LOT4
1 OF THE FINAL REPLAT OF BLOCK 2, PLAT 4
NO. 208, FOUNTAIN HILLS, ARIZONA", 9,4
AS RECORDED ON JUNE 28, 2016 IN BOOK
1278, PAGE 31 , OF THE RECORDS OF E0 LAND
MARICOPA COUNTY ARIZONA AND BEING A y4CF'���F 1CA7 s4%.,
N PART OF SECTION 15, T. 3 N., R. 6 E. OF ��� 16545 do
A�� E THE GILA AND SALT RIVER BASE AND RANDY L. y
�1 ► il MERIDIAN, MARICOPA COUNTY, ARIZONA. HARRrE'L
SorP Si9ned "�
CURVE DATA: �Ri P
0 100' 200' CURVE NO. DELTA RADIUS LENGTH TANGENT F ZONA U
® omm'"mi Cl 90'00'00" 30.00' 47.12' 30.00' kp'res 3/31/15
SCALE: 1" = 200'
*AS RECORDED, ACTUAL BEARING
46. DATE: 6-30-16 BELIEVED TO BE (N69'21'52"W)
20160478461
EXHIBIT B
TO
DEVELOPMENT AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
N-SHEA GROUP, LLC
AND
PARK PLACE PROPERTIES, LLC
[Approved Land Use Plan]
•
2440206.24
20160478461
EXHIBIT C
TO
DEVELOPMENT AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
N-SHEA GROUP, LLC
AND
PARK PLACE PROPERTIES, LLC
[Insurance and Indemnification Requirements]
See following page.
2440206.24
20160478461
G. Waiver. All policies, except for Professional Liability, including
Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation)
against the Town, its agents, representatives, officials, officers and employees for any claims
arising out of the work or services of Developer. Developer shall arrange to have such
subrogation waivers incorporated into each policy via formal written endorsement thereto.
H. Policy Deductibles and/or Self-Insured Retentions. The policies set forth
in these requirements may provide coverage that contains deductibles or self-insured retention
amounts. Such deductibles or self-insured retention shall not be applicable with respect to the
policy limits provided to the Town. Developer shall be solely responsible for any such
deductible or self-insured retention amount.
I. Use of Contractors. If any work under this Agreement is contracted in any
way, Developer shall execute written agreements with its contractors containing the
indemnification provisions set forth in this Section and insurance requirements set forth herein
protecting the Town and Developer. Developer shall be responsible for executing any
agreements with its contractors and obtaining certificates of insurance verifying the insurance
requirements.
J. Evidence of Insurance. Prior to commencing any work or services under
this Agreement, Developer will provide the Town with suitable evidence of insurance in the
form of certificates of insurance and appropriate endorsements with respect to the insurance
(sr policies as required by this Agreement, issued by Developer's insurance insurer(s) as evidence
that policies are placed with acceptable insurers as specified herein and provide the required
coverages, conditions and limits of coverage specified in this Agreement and that such coverage
and provisions are in full force and effect. Confidential information such as the policy premium
may be redacted from the declaration page(s) of each insurance policy, provided that such
redactions do not alter any of the information required by this Agreement. The Town shall
reasonably rely upon the certificates of insurance and endorsements of the insurance policies as
evidence of coverage but such acceptance and reliance shall not waive or alter in any way the
insurance requirements or obligations of this Agreement. If any of the policies required by this
Agreement expire during the life of this Agreement, it shall be Developer's responsibility to
forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration
date. All certificates of insurance and endorsements required by this Agreement shall be
identified by referencing this Agreement. Additionally, certificates of insurance and declaration
page(s) of the insurance policies submitted without referencing this Agreement will be subject to
rejection and may be returned or discarded. Certificates of insurance and declaration page(s)
shall specifically include the following provisions:
(1) The Town, its agents, representatives, officers, directors, officials
and employees are Additional Insureds as follows:
(a) Commercial General Liability — Under Insurance Services
Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent.
(b) Auto Liability—Under ISO Form CA 20 48 or equivalent.
41)
2665158.4
20160478461
Skew
1.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be
canceled, or be materially changed without 15 days' prior written notice to the Town.
2. Indemnification. To the fullest extent permitted by law, the Developer shall indemnify,
defend and hold harmless the Town and each council member,officer, employee or agent thereof
(the Town and any such person being herein called an "Indemnified Party"), for, from and
against any and all losses, claims, damages, liabilities, costs and expenses (including, but not
limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings) to
which any such Indemnified Party may become subject, under any theory of liability whatsoever
("Claims"), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are
caused by or based upon negligent acts, errors, mistakes or omissions, or intentional misconduct,
in connection with the work or services of the Developer, its officers, employees, agents, or any
tier of subcontractor in the performance of this Agreement. The amount and type of insurance
coverage requirements set forth below will in no way be construed as limiting the scope of the
indemnity in this Section.
2665158.4
20160478461
Sow
WHEN RECORDED RETURN TO:
Town of Fountain Hills DRAFT
Attn: Town Clerk
16705 East Avenue of the Fountains
Fountain Hills,Arizona 85268
This Agreement is exempt from the real estate
transfer fee and Affidavit of Property Value
pursuant to A.R.S. §11-1134(A)(2)
DRAINAGE EASEMENT AGREEMENT
GRANTOR:
GRANTEE: TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation
THIS DRAINAGE EASEMENT AGREEMENT (this "Easement Agreement") is entered
into , by and between Grantor and Grantee for the purposes set forth
below. Grantor and Grantee are sometimes referred to herein collectively as the "Parties," or
individually as a"Party."
RECITALS
A. Grantor is the owner of that certain real property at the southwest corner of the
intersection of Verde River Drive and the Avenue of the Fountains in the Town of Fountain
Hills,Arizona(the"Receiving Property") as described and depicted on Exhibit 1, attached hereto
and incorporated herein by this reference.
B. Grantee is the owner of that certain real property at the southeast corner of the
intersection of La Montana Drive and the Avenue of the Fountains in the Town of Fountain
Hills, Arizona (the "Town Property") as described depicted on Exhibit 1, which property is
adjacent to Grantor's Receiving Property.
C. Pursuant to the Development Agreement between the Town of Fountain Hills,
N-Shea Group and Park Place Properties, LLC, dated , 2016 (the "Development
Agreement"), Grantor will utilize a portion of the Town Property for parking, which parking will
eliminate a retention basin necessary for drainage of the Town Property. Accordingly, Grantor
has agreed to perpetually receive drainage from the Town Property.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference and the mutual covenants set forth below, and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
1141.
2665200.4
20160478461
DRAFT
6. Assignment. Neither Grantor nor Grantee shall have the right or authority to
assign, in whole or in part, any of its rights or obligations under this Easement Agreement,or any
portion of this Easement Agreement to any third party without the prior, written consent of the
other Party, which consent shall not be unreasonably delayed, conditioned or denied.
Notwithstanding the foregoing, Grantor and Grantee acknowledge and agree that no such
consent shall be required if the underlying property burdened or benefitted by this Easement
Agreement is transferred or conveyed to a third party.
7. Running of Benefits and Burdens. All provisions of this Easement Agreement,
including the benefits and burdens, run with the land and are binding upon and inure to Grantor,
Grantee and their respective successors and assigns.
8. Additional Easements. Nothing contained in this Easement Agreement shall prohibit
Grantor from conveying additional easements for access, drainage, utility or other purposes through,
over, under, upon, in, across and along the Easement Area; provided, however, that no such
additional rights or easements shall unreasonably impair the use of the Drainage Facilities.
9. Notices and Requests. Any notice or other communication required or permitted
to be given under this Easement Agreement shall be in writing and shall be deemed to have been
duly given if: (i)delivered to the Party at the addresses set forth below; (ii)deposited in the U.S.
Mail, registered or certified, return receipt requested,to the address set forth below; or(iii)given
to a recognized and reputable overnight delivery service,to the address set forth below:
If to Grantee: Town of Fountain Hills
16705 East Avenue of the Fountains.
Fountain Hills, Arizona 85268
Attn: Town Manager
With a copy to: GUST ROSENFELD,P.L.C.
One East Washington, Suite 1600
Phoenix,Arizona 85004-2553
Attn: Andrew J. McGuire, Esq.
If to Grantor:
Attn:
With a copy to: Real Capital Solutions, Inc.
371 Centennial Parkway, Suite 200
Louisville, CO 80027
Attn: Senior Counsel
or at such other address, and to the attention of such other person or officer, as any Party may
designate in writing by notice duly given pursuant to this Section. Notices shall be deemed
received: (i) when delivered to the Party; (ii) three business days after being placed in the U.S.
2663200.4
3
20160478461
DRAFT
concerning this instrument shall be of no force or effect, excepting a subsequent recorded
modification, signed by Grantor and Grantee or their respective successors or assigns.
IN WITNESS WHEREOF,the Parties have executed this Drainage Easement Agreement
on the date first set forth above.
"Grantee"
TOWN OF FOUNTAIN HILLS
an Arizona municipal corporation
DRAFT
Linda M. Kavanagh, Mayor
ATTEST:
DRAFT
Bevelyn J. Bender,Town Clerk
71r (ACKNOWLEDGMENT)
STATE OF ARIZONA )
ss.
COUNTY OF MARICOPA )
On , 2016, before me personally appeared Linda M. Kavanagh,
the Mayor of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose
identity was proven to me on the basis of satisfactory evidence to be the person who she claims
to be, and acknowledged that she signed the above document, on behalf of the Town of Fountain
Hills.
Notary Public
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
2665200.4
5
20160478461
EXHIBIT 1
TO
DRAINAGE EASEMENT AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
[Legal Description Town Property,Receiving Property and Easement Area]
See following pages.
2665200.4
20160478461
tor
WHEN RECORDED RETURN TO:
Town of Fountain Hills DRAFT
Attn: Town Clerk
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
PARKING EASEMENT AGREEMENT
THIS PARKING EASEMENT AGREEMENT (this "Easement Agreement") is entered
into , 2016, by and between the Town of Fountain Hills, an Arizona municipal
corporation ("Grantor"), and
("Grantee"). Grantor and Grantee are sometimes referred to herein collectively as the "Parties,"
or individually as a"Party."
RECITALS
A. Grantor owns that certain real property located east of the southeast corner of
Avenue of the Fountains and La Montana Drive in Fountain Hills, Arizona, more particularly
described and depicted in Exhibit 1, attached hereto and incorporated herein by reference (the
"Town Parcel").
416. B. Grantee owns that certain real property located at [Phase 1: the southwest
corner of Verde River Drive and Avenue of the Fountains] [Phase 3: immediately west of
the corner of Verde River Drive and Paul Nordin Parkway] in Fountain Hills, Arizona, as
more particularly described and depicted in Exhibit I (the "Developer Property"). Developer
intends to construct a multifamily and retail project in phases, including but not limited to retail
shopping areas, restaurants, offices, and related uses (the "Project"), on the Developer Property.
Grantee requires use of the Town Parcel for parking related to the Project.
C. Grantor desires to grant to Grantee and its successors and assigns a permanent
nonexclusive easement for ingress, egress, parking and pedestrian access on, over and across the
Town Parcel for use in connection with the Project.
D. Grantor further desires to grant to Grantee a temporary exclusive construction
easement over, on and across the currently unpaved portion of the Town Parcel (the "Easement
Area") for the purpose of designing and constructing paved parking facilities thereon in
accordance with Town codes, ordinances and regulations as such may be modified by the
Development Agreement between the Town of Fountain Hills and N-Shea Group, LLC and Park
Place Properties, LLC,dated , 2016(the"Development Agreement").
E. [For Phase 1 only: Grantee agrees, as part of its maintenance obligations set
forth below, to maintain the Pocket Park (as defined in the Development Agreement) to be
constructed by Grantee on the Town Parcel.]
2665177.5
20160478461
DRAFT
within the Pocket Park to the same or better standards as the "Avenue Plaza" area within
the Avenue of the Fountains.]
4. Indemnification. Grantee shall indemnify, defend and hold harmless Grantor and
each council member, officer, employee, contractor or agent thereof (Grantee and any such
person being herein called an "Indemnified Party"), for, from and against any and all losses,
claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable
attorneys' fees, court costs and the costs of appellate proceedings) to which any such
Indemnified Party may become subject, under any theory of liability whatsoever ("Claims"),
insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or
based upon (i) the negligent design and construction of the Parking Lot [For Phase I only: and
the Pocket Park] on the Easement Area, or (ii) failure to properly maintain the Easement Area
by Grantee, its employees, agents or any tier of subcontractor acting on Grantee's behalf. The
provisions of this Section will survive for a period of one year following the termination of this
Easement Agreement.
5. Insurance. Each of the Parties shall, at its sole cost and expense, carry
commercial general liability insurance, naming the other Party as additional insured, covering
injury, death, disability or illness of any person,or damage to property, occurring in, on or about
its real property, with liability limits not less than $2,000,000. The policies of insurance
provided herein shall be issued by insurance companies qualified to do business in the State of
Arizona and reasonably acceptable to the Parties. Each such insurance company shall have a
rating of at least A, Class IX in Best's Key Rating Guide. Copies of certificates evidencing the
insurance policies that each Party is required to carry hereunder, shall be delivered to the other
Party within five days after the date on which this Easement Agreement is recorded. The
policies of insurance must contain a provision or endorsement that the company writing said
policy will give to the other Party 30 days' notice in writing of any modification, cancellation or
lapse of effective date or any reduction in the amount of insurance. Not more frequently than
every five years, if, in the reasonable opinion of either Party the amount of the commercial
general liability insurance coverage at that time is not adequate, the Parties shall meet and
discuss additional insurance as may be reasonable for comparable facilities in the greater
metropolitan Phoenix area.
6. Notices and Requests. Any notice or other communication required or permitted
to be given under this Easement Agreement shall be in writing and shall be deemed to have been
duly given if: (i) delivered to the Party at the addresses set forth below; (ii) deposited in the U.S.
Mail, registered or certified, return receipt requested, to the address set forth below; or(iii)given
to a recognized and reputable overnight delivery service,to the address set forth below:
If to Grantor: Town of Fountain Hills
16705 East Avenue of the Fountains.
Fountain Hills,Arizona 85268
Attn: Town Manager
2665177.5 3
20160478461
DRAFT
9. Document Execution, Modification and Cancellation. This Easement Agreement
(including exhibits) may be modified or cancelled only by agreement between Grantor and
Grantee.
10. Headings. The headings herein are inserted only as a matter of convenience and
for reference and in no way define, limit or describe the scope or intent of this document nor in
any way affect the terms and provisions hereof.
11. Time of the Essence. Time is of the essence with regard to performance under the
terms and provisions of this Easement Agreement, and any amendment, modification or revision
thereof, with respect to the actions and obligations of each person bound by the terms hereof.
12. Severability. Invalidation of any of the provisions contained in this Easement
Agreement, or of the application thereof to any person by judgment or court order shall in no
way affect any of the other provisions hereof or the application thereof to any person and the
same shall remain in full force and effect.
13. Attorney's Fees. If either Party commences an action against the other to
interpret or enforce any of the terms of this Easement Agreement or because of the breach by the
other Party of any of the terms hereof, the losing Party shall pay to the prevailing Party
reasonable attorney's fees, costs and expenses, including expert witness fees, incurred in
connection with the prosecution or defense of such action. For the purpose of this Easement
Agreement, the terms "attorney's fees, costs and expenses" shall mean the fees and expenses of
counsel to the respective Parties, which may include printing, duplicating and other expenses, air
freight charges, and fees billed for law clerks, paralegals, librarians and others not admitted to
the bar but performing services under the supervision of an attorney. The term "attorneys' fees,
costs and expenses" shall also include, without limitation, all such fees and expenses incurred
with respect to appeals, arbitrations and bankruptcy proceedings.
14. Negation of Partnership. None of the terms or provisions of this Easement
Agreement shall be deemed to create a partnership between or among the Parties in their
respective businesses or otherwise, nor shall it cause them to be considered joint ventures or
members of any joint enterprise. Each Party hereto shall be considered a separate owner, and no
Party hereto shall have the right to act as an agent for another Party hereto, unless expressly
authorized to do so herein or by separate written instrument signed by the Party to be charged.
15. No Other Interest. Grantee acknowledges and agrees that except for the
Easement, Grantee claims no right,title or interest in or to any portion of the Town Parcel.
16. Assignment. Neither Grantor nor Grantee shall have the right or authority to
assign, in whole or in part, any of its rights or obligations under this Agreement, or any portion
of this Agreement to any third party without the prior, written consent of the other party, which
consent shall not be unreasonably delayed, conditioned or denied. Notwithstanding the
foregoing, the Parties acknowledge and agree that no such consent shall be required if the
underlying property burdened or benefitted by this Easement Agreement is transferred or
conveyed to a third party.
2665177.5 5
20160478461
DRAFT
IN WITNESS WHEREOF, the Parties have executed this Parking Easement Agreement
as of the date first set forth above.
"Grantor"
TOWN OF FOUNTAIN HILLS
an Arizona municipal corporation
DRAFT
Linda M. Kavanagh,Mayor
A 1'1`EST:
DRAFT
Bevelyn J. Bender,Town Clerk
(ACKNOWLEDGMENT)
tor
STATE OF ARIZONA )
ss.
COUNTY OF MARICOPA )
On , 2016, before me personally appeared Linda M. Kavanagh,
the Mayor of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose
identity was proven to me on the basis of satisfactory evidence to be the person who she claims
to be, and acknowledged that she signed the above document, on behalf of the Town of Fountain
Hills.
Notary Public
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
2665177.5 7
20160478461
DRAFT
EXHIBIT l
TO
PARKING EASEMENT AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
, LLC
[Legal Description of the Town Parcel,the Easement Area and the Developer Property]
See following pages.
[Note: With respect to the Developer Property, insert legal description of the"Phase 1"property
for the AOTF Lot easement; insert the legal description of the"Phase 3"property for the Paul
Nordin Lot easement]
•
•
2665177.5
20160478461
Development Schedule
Deadline to Perform Task
From Effective Date of Agreement Task/Obligation
On or before 30 days Submit completed full-Project Concept Plan or
completed Phase 1 Concept Plan for approval
On or before 120 days following approval of a Complete Acquisition of the portion of the
Concept Plan for a phase of the Project Property included within the phase
On or before 9 Months Developer to have submitted Construction
Documents for Phase 1, including applicable
portion of Public Infrastructure Improvements.
On or before 18 Months Developer to have begun construction of Phase 1
Improvements.
On or before 48 Months Developer to have submitted Construction
Documents for Phase 2, including applicable
portion of Public Infrastructure Improvements.
On or before 60 Months Developer to have completed construction of
Phase 1 improvements, including applicable
portion of Public Infrastructure Improvements.
On or before 60 Months Developer to have begun construction of Phase 2
improvements, including applicable portion of
Public Infrastructure Improvements.
On or before 72 Months Developer to have to have submitted Construction
Documents for Phase 3, including applicable
portion of Public Infrastructure Improvements.
On or before 72 Months Developer to have completed construction of
Phase 2 improvements, including applicable
portion of Public Infrastructure Improvements.
On or before 72 Months Developer to have begun construction of Phase 3
improvements, including applicable portion of
Public Infrastructure Improvements.
2440206.24
20160478461
4,/ AN1Ekl '.J
t
*� . y, DRAFT
1125-17t St.,500
Denver,CO 80202
ESCROW INSTRUCTIONS
File #
First American Title Insurance Company("Escrow Agent"), hereby agrees to act as the escrow agent for
money deposited with it by the other party(ies) , an
("Developer") and the Town of Fountain Hills, an Arizona municipal corporation ("Town") to this Escrow
Agreement(this "Agreement") under the terms and conditions set forth herein.
1. The undersigned Developer, hereby deposits, in escrow with Escrow Agent,$100,000.00
USD. Notwithstanding the joint and several obligations set forth in Section 7 of the "General Provisions"
attached hereto, Developer shall be solely responsible for payment of all charges, costs and expenses
due to Escrow Agent.
2. The money set forth in Paragraph 1 above is escrowed with and to be held by Escrow
Agent pending full and proper satisfaction of the following requirement(s):
(a) Receipt of written acceptance from the Town of the AOTF Parking Lot, Ramada and
Pocket Park (each as defined in the Development Agreement between the Town,
Developer and Park Place Properties, LLC, dated , 2016(the"Development
Agreement")).
(b) Certificate of completion signed by the Developer.
(c) Signed "As-built"drawings certified by the survey of record
3, Escrow Agent is authorized to disburse all escrowed funds upon satisfaction of all of the
requirements identified in Paragraph 2 hereof, without the requirement for further authorization from
the Town or Developer.
4. If the Development Agreement is terminated for any reason at any time after the
Town's property under the AOTF Parking Lot has been disturbed or construction activity has
commenced for the Ramada or the Pocket Park, and the requirements in paragraph 2 of this Agreement
have not been met, the Escrow Agent is authorized to disburse to the Town escrowed funds in an
amount certified by the Town to be reasonably necessary to restore the Town's property to the
condition existing prior to execution the Development Agreement.
20160478461
DRAFT
EXHIBIT A
General Provisions
1.The Agreement may be supplemented, altered, amended, modified or revoked by writing only,signed
by all of the parties hereto, and approved by the Escrow Agent.
2. No assignment, transfer, conveyance or hypothecation of any right, title or interest in and to the
subject matter of this Agreement shall be binding upon the Escrow Agent unless written notice thereof
shall be served upon the Escrow Agent and all fees, costs and expenses incident thereto shall have been
paid and then only upon the Escrow Agent's consent thereto in writing.
3. Any notice required or desired to be given by the Escrow Agent to any party to this Agreement may
be given by mailing the same addressed to such party at the most recent address of such party shown
on the records of the Escrow Agent, and notice so mailed shall,for all purposes hereof, be as effectual as
though served upon such party in person at the time of depositing such notice in the mail.
4. The Escrow Agent may receive any payment called for hereunder after the due date thereof unless
subsequent to the due date of such payment and prior to the receipt thereof the Escrow Agent shall
have been instructed in writing to refuse any such payment.
5. The Escrow Agent shall not be personally liable for any act it may do or omit to do hereunder as such
agent, while acting in good faith and in the exercise of its own best judgment, and any act done or
omitted by it pursuant to the advice of its own attorneys shall be conclusive evidence of such good faith.
6.The Escrow Agent is hereby expressly authorized to disregard any and all notices or warnings given by
any of the parties hereto, or by any other person,firm or corporation, excepting only orders or process
of court, and is hereby expressly authorized to comply with and obey any and all process, orders,
judgments, or decrees of any court, and in case the Escrow Agent obeys or complies with any such
process, order,judgment, or decree of any court, it shall not be liable to any of the parties hereto or to
any other person, firm or corporation by reason of such compliance, notwithstanding any such process,
order,judgment or decree be subsequently reversed, modified, annulled, set aside or vacated, or found
to have been issued or entered without jurisdiction.
7. In consideration of the acceptance of this Agreement by the Escrow Agent, the undersigned agree,
jointly and severally, for themselves, their heirs, legal representatives, successors and assigns to pay the
Escrow Agent its charges hereunder and to indemnify and hold it harmless as to any liability incurred by
it to any other person, firm or corporation by reason of its having accepted the same, or its carrying out
any of the terms thereof, and to reimburse it for all its expenses, including among other things,
attorney's fees and court costs incurred in connection herewith; and that the Escrow Agent shall have a
first and prior lien upon all deposits made hereunder to secure the performance of said agreement of
indemnity and payment of its charges and expenses, hereby expressly authorizing the Escrow Agent,to
deduct such charges and expenses,without notice,from any funds deposited hereunder.
8. The Escrow Agent shall not be under any duty or obligation to ascertain the identity, authority or
rights of the parties executing or delivering or purporting to execute or deliver these instructions or any
documents or papers or payments deposited or called for hereunder, and assumes no responsibility or
2685326.4 3
\4zaiN.6, ?,n FOUNTAIN HILLS SANITARY DISTRICT
16941 E. PEPPERWOOD CIRCLE
FOUNTAIN HILLS, AZ 85268-2901
9�1lk IS<4~() TELEPHONE: 480-837-9444 FAX: 480-837-0819
y www.az-fhsd.gov
DATE: June 2, 2016
MEMO TO: Bob Rodgers
Town of Fountain Hills
FROM: Chris Kiriluk
RE: Subdivision Technical Review
Park Place Phase I Concept Plan
Avenue of the Fountains
Plat 208, Block 7, Lot 5A
Plat 208, Block 2, Lot 1 A
Case No. CP-2016-02 (M#6826)
First Submittal
I have reviewed the above referenced sub
mittal for conformance with District
requirements and have the following comments:
1. No sewer locations have been submitted for Phase I of this project. The only
available tie-in locations for this project are on Verde River Drive south of
this project and in the parking lot of the Lexington Hotel, east of Phase I. It
would be prudent and appropriate at this time to submit concept plans for
sewer service in order to work out possible design issues.
2. Four separate locations are noted as possible restaurants. While the District
understands that rrot all €hcs ; locations are likely to be restaurants, each
location that does become a restaurant will need to have its own separate
grease interceptor. It should also again be noted that the proximity of grease
interceptors to residential units has great potential for future odor problems
and must be carefully considered.
3. Any additional gravity sewers built to service the Mixed Use
Commercial/Residential Districts will need to be built to District Design
Standards, and will require dedicated easements to provide access to District
staff after acceptance. It will be the responsibility of the developer to install
any additional sewer and grant the associated easements necessary at his cost.
4. If the densities of development increase over what is currently planned for in
existing zoning as proposed, the developer will be responsible for any
41) necessary upsizing of downstream sewer facilities.
5. On Sheet SP1, the Architectural Site Plan, parking is shown over Town-
owned property in which the District has some critical and costly facilities
involving recharge. These facilities need to be shown on the plan. Parking
areas must be designed so as not to interfere with the operation and
maintenance of and access to these facilities.
/cdk
cc: N-Shea Group
14455 N. Scottsdale Road
Suite 240
Scottsdale, AZ 85254
Allen Consulting Engineers, Inc.
3921 E. Baseline Road, Suite 002
Gilbert, AZ 85234
Hazel Cunningham
Bill Cunningham
•
O��AIN�r TOWN OF FOUNTAIN HILLS
1
Planning and Zoning
g war �' Board of Adjustment
oo that
...r g
is
AGENDA ACTION FORM
Meeting Date: July 28, 2016 Agenda Type: Regular
Meeting Type: Regular Submitting Department: Development Services
Staff Contact Information: Bob Rodgers, Senior Planner, 480-816-5138, rrodgers(a�fh.az.gov
REQUEST TO PLANNING & ZONING COMMISSION:
PUBLIC HEARING of ORDINANCE #16-05, to amend Article II, Section 2.07 of the Fountain Hills Subdivision
Ordinance to allow the ADMINISTRATIVE APPROVAL OF MINOR REPLATS such as lot line adjustments, lot
splits and lot joins. Case #S2016-14
CONSIDERATION of ORDINANCE #16-05, to amend Article II, Section 2.07 of the Fountain Hills Subdivision
Ordinance to allow the ADMINISTRATIVE APPROVAL OF MINOR REPLATS such as lot line adjustments, lot
splits and lot joins. Case #S2016-14
(Applicant: Town of Fountain Hills
Applicant Contact Information: Planning & Zoning Division
Property Location: Town-Wide
Related Ordinance, Policy or Guiding Principle:
Fountain Hills Subdivision Ordinance Section 2.07 Replats
Staff Summary (background):
This is a text amendment to the Subdivision Ordinance that will allow for administrative staff review and
approval of minor re-plats such as lot line adjustments, lot splits, lot joins, and similar re-plats that will not result
in more than two lots or any new roads being created.
This amendment is designed to allow for a quicker turnaround of minor re-plats by eliminating the requirement
that the re-plat be submitted to Town Council, typically as a consent agenda item, for final approval.
Staff will still be required to ensure that all zoning requirements are met and that the re-plats will still be
recorded as required.
Risk Analysis (options or alternatives with implications):
Approval of this text amendment will allow staff to administratively approve minor re-plats.
016, Denial of this text amendment will require that minor re-plats follow the same approval procedures that are
currently in place.
Page 1 of 2
Minor Replats
ORD#16-05
P&Z 7/28/2016
iscaI Impact (initial and ongoing costs; budget status): NA
Staff Recommendation(s):
Staff recommends that the Planning & Zoning Commission forward a recommendation that the Town Council
approve the text amendment to the Subdivision Ordinance regarding minor re-plats.
SUGGESTED MOTION:
Move to recommend that the Town Council approve Ordinance #16-05 a text amendment to Article II, Section
2.07 of the Fountain Hills Subdivision Ordinance, to allow the administrative approval of minor re-plats.
Attachment(s):
Draft Ordinance #16-05 (2 pgs)
Submitted by:
lWo6ert Rodge -.,i July 18, 2016
Interim Development Services Director Date
Page 2 of 2
ORDINANCE NO. 16-05
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS SUBDIVISION ORDINANCE, ARTICLE 2 (PLATTING
PROCEDURES), SECTION 2.07 (REPLATS) TO ALLOW FOR
ADMINISTRATIVE APPROVAL OF MINOR REPLATS BY THE
DEVELOPMENT SERVICES DIRECTOR.
WHEREAS, the Mayor and the Council of the Town of Fountain Hills (the "Town
Council") adopted Ordinance No. 96-29, which established the Subdivision Ordinance for the
Town of Fountain Hills (the"Subdivision Ordinance"); and
WHEREAS, the Town Council desires to amend Article 2 (Platting Procedures), Section
2.07 (Replats) of the Subdivision Ordinance to allow for administrative approval of minor replats
by the Development Services Director; and
WHEREAS, public hearings regarding this Ordinance were advertised in the
June 22, 2016, and June 29, 2016, editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on July 28, 2016, and by the Town Council on September 1, 2016.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The foregoing recitals are incorporated as if fully set forth herein.
SECTION 2. The Subdivision Ordinance, Article 2 (Platting Procedures), Section 2.07
(Replats), is hereby amended as follows:
Section 2.07 Replats
A. MINOR REPLATS
ANY LOT LINE AMENDMENT, LOT SPLIT, OR LOT JOIN IN A
RECORDED SUBDIVISION THAT RESULTS IN THE CREATION OF NOT
MORE THAN TWO LOTS AND THAT DOES NOT INCLUDE A NEW
STREET MAY BE CONSIDERED BY THE DEVELOPMENT SERVICES
DIRECTOR WHO SHALL ENSURE THE NEWLY CREATED LOTS
CONFORM TO THE TOWN ZONING ORDINANCE AND SHALL HAVE
THE AUTHORITY TO REVIEW AND ADMINISTRATIVELY APPROVE
SUCH MINOR REPLATS. MINOR REPLATS APPROVED PURSUANT TO
THIS SUBSECTION SHALL BE RECORDED IN THE SAME MANNER AS
PLATS APPROVED BY THE TOWN COUNCIL.
•
2732316.1
AB. EXCEPT AS PERMITTED IN SUBSECTION 2.07(A) ABOVE,
a lot in a recorded subdivision, or any change in lot lines in a recorded
subdivision, shall be processed in accordance with Section 2.06 of this Ordinance,
after a pre-application conference with Town staff, as provided in Section 2.02 of
this Ordinance.
BC. Any replat involving the dedication of land for a public street or any off-site
public improvements shall comply with all procedures set forth in Article 112 of
this Ordinance. If the abandonment of a street, alley or public utility easement or
other recorded easement in a previously recorded subdivision is necessary, the
replat of that area shall be processed concurrently with the abandonment and
recorded immediately subsequent to the recordation of the abandonment.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held 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, September 1,2016.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Andrew J. McGuire, Town Attorney
2732316.1
2
...1TAINy TOWN OF FOUNTAIN HILLS
X Planning and Zoning
. 1111 of Adjustment
that
AGENDA ACTION FORM
Meeting Date: July 28, 2016 Meeting Type: Regular
Agenda Type: Regular Submitting Division: Planning & Zoning
Staff Contact Information: Bob Rodgers, Interim Development Services Director, rrodgers(c�fh.az.gov
REQUEST TO PLANNING & ZONING COMMISSION:
PUBLIC HEARING of ORDINANCE #16-03, a TEXT AMENDMENT to the Fountain Hills Zoning Ordinance,
Section 1.12, Section 6.08.CC, and Chapter 8, relating to Outdoor Lighting controls. Case #Z2016-01
CONSIDERATION of ORDINANCE #16-03, a TEXT AMENDMENT to the Fountain Hills Zoning Ordinance,
Section 1.12, Section 6.08.CC, and Chapter 8, relating to Outdoor Lighting controls. Case#Z2016-01
Applicant: The Town of Fountain Hills
.Applicant Contact Information: Planning & Zoning Division
Property Location: Town-Wide
Related Ordinance, Policy or Guiding Principle:
Fountain Hills Zoning Ordinance Chapter 1 — Section 1.12 — Definitions
Fountain Hills Zoning Ordinance Chapter 2 — Section 2.01 —Amendments or Zone Changes
Fountain Hills Zoning Ordinance Chapter 6 — Section 6.08.CC — Signs Allowed or Required
Fountain Hills Zoning Ordinance Chapter 8 — Outdoor Lighting Control
Staff Summary (background):
Section 1.12 of the Zoning Ordinance contains the definitions of terms used throughout the ordinance.
Section 6.08.CC of the Zoning Ordinance contains the Town's regulations regarding electronic message signs
and LED signs.
Chapter 8 of the Zoning Ordinance contains the Town's outdoor lighting regulations. This chapter is commonly
called the "Dark Sky" ordinance. However, while it is more restrictive than many communities in the valley, it is
not a true "Dark Sky" ordinance.
The proposed text amendments will amend these Zoning Ordinance sections in order to update the Towns
outdoor lighting requirements according to current standards and technologies.
C brief outline of the revised ordinance includes:
• The adoption of updated conversion information between Watts and Lumens.
• Adopting definitions for updated terms used in the ordinance.
• Measuring the maximum levels of allowable light in lumens rather than in watts.
Page 1 of 2
Outdoor Lighting
ORD#16-03
P&Z 7/28/2016
• Adopting standards for shielding based on initial lumens rather than watts.
• Setting the maximum level of a light's Correlated Color Temperature at 3,000 Kelvin .
• Adopts Lumen Density Caps in all non-residential zoning districts.
• Prohibits light trespass.
• Provides for holiday lighting exemptions.
• Provides for municipal use and emergency exemptions.
• Allows for light ordinance exemptions for permitted special events.
Risk Analysis (options or alternatives with implications):
Adoption of the proposed ordinance amendments will update the current lighting standards and bring the Town
closer to full dark sky compliance and/or certification.
Not adopting the amendments will maintain the current ordinance standards for outdoor lighting.
Fiscal Impact (initial and ongoing costs; budget status): N/A
Staff Recommendation(s):
Staff recommends that the Planning & Zoning Commission vote to forward a recommendation to the Town
Council to approve the proposed text amendments to the Zoning Ordinance, Section 1.12, Section 6.08.CC,
and Chapter 8, relating to Outdoor Lighting controls as presented.
SUGGESTED MOTION:
Move to forward a recommendation to the Town Council to approve the proposed text amendments to the
Fountain Hills Zoning Ordinance, Section 1.12, Section 6.08.CC, and Chapter 8, relating to Outdoor Lighting
ontrols as presented.
Attachment(s):
Draft Resolution #2016-22
Draft Ordinance #16-03
Draft Zoning Code Amendments to Chapters 1, 6, and 8 (Marked up)
Draft Zoning Code Amendments to Chapters 1, 6, and 8 (Clean)
Dark Sky Committee Information Packet
Dark Sky Committee Slide Show Handouts
Submitted by:
1Ro6ert cRocfgers July 19, 2016
Interim Development Services Director Date
Page 2 of 2
ORDINANCE NO. 16-03
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTERS 1, 6 AND 8, RELATING TO
OUTDOOR LIGHTING STANDARDS.
WHEREAS, the Mayor and the Council of the Town of Fountain Hills (the "Town
Council") adopted Ordinance No. 93-22, which established the Zoning Ordinance for the Town
of Fountain Hills (the "Zoning Ordinance"); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise
Chapters 1, 6 and 8 thereof, to amend the outdoor lighting standards; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIz.REV. STAT.
§ 9-462.04, as amended, public hearings regarding this ordinance were advertised in the March
30, 2016 and April 6, 2016 editions of the Fountain Hills Times; and
WHEREAS, a public hearing was held by the Fountain Hills Planning and Zoning
Commission on April 14, 2016, and by the Town Council on May 5, 2016.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals set forth above are hereby incorporated as if fully set forth
herein.
SECTION 2. The Zoning Ordinance, Chapter 1, Subsection 1.12 - Definitions, is hereby
amended as follows:
SECTION 3. The Zoning Ordinance, Chapter 6, Subsection 6.08.CC - Signs Allowed or
Required, is hereby amended as follows:
SECTION 4. The Zoning Ordinance, Chapter 8 — Outdoor Lighting Control, is hereby
amended as follows:
ORD#16-03
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
September 15, 2016.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady Miller, Town Manager Andrew J. McGuire, Town Attorney
s
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Page 2 of 2
Mark Up
Town of Fountain Hills
Outdoor Lighting Zoning Code Amendments
, 2016
The Town of Fountain Hills Zoning Ordinance, Chapter 1 Introduction is hereby amended by amending Section
1.12 Definitions,to add the following definitions:
Adaptive Lighting Controls: Devices such as motion sensors, timers and dimmers used in concert with outdoor light
fixtures to vary the intensity or duration of operation of lighting.
Correlated Color Temperature (CCT): The temperature, in Kelvin, of a black body whose spectrum approximates the
spectral power distribution of a given light source. Correlated color temperature is a measure of the quality of
"warmness"or"coolness"of a lamp.
Fully Shielded: Providing internal and/or external shields and louvers so that light rays emitted by the fixture, either
directly from the lamp or indirectly from the fixture, are projected only below a horizontal plane running through the
lowest point on the fixture where light is emitted or reflected.
Glare: The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to
which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility. The magnitude
of glare depends upon such factors as the size, position, and luminance of the source and the luminance of to which the
eyes are adapted.
Initial Lumens: The lumens rating of a lamp when new, not including any age-related depreciation of light output.
Installed. Set up and fixed in position for use.
rumen: The SI (International System of Units) unit of light output. A lumen is approximately the amount of light that
,.ills on a one—square—foot surface one foot away from a candle flame.
Luminaire: A body that gives light.
Nit: A unit of measurement of luminance, or the intensity of visible light, where one nit is equal to one candela per
square meter. Nits are used to describe the brightness of display devices such as televisions, computers, and electronic
message boards.
Outdoor Light Fixture: An artificial illuminating fixture, lamp, or other device, located in the open air, not within an
enclosed structure, that is permanent or portable, and is used for illumination or advertisement. Such devices shall
include,but are not limited to, search, spot or floodlights for:
1. Buildings and structures
2. Recreation areas
3. Parking lot lighting
4. Landscape lighting
5. Billboards and other signage(advertising or other)
6. Street lighting.
Partially shielded: As applied to outdoor lighting fixtures, means a fixture that is shielded so that the bottom edge of the
shield is below the plane centerline of the light source (lamp), minimizing the emission of light above the horizontal
plane.
L
PLS:pls 2715993.4 7/20/2016
1
The Town of Fountain Hills Zoning Ordinance, Chapter 6 Sign Regulations is hereby amended by amending
Section 6.08 Signs Allowed or Required, to read as follows (additions shown in ALL CAPS; deletions shown in
C-Fiketlifeagh.):
Section 6.08 Signs Allowed or Required
CC. Electronic Message Center: Signs with intermittent, scrolling or flashing illumination, including electronic
message center signs, are permitted in Commercial and Industrial zoning districts only; provided, however, that
churches and schools may display such signs in residential districts. All electronic message center signs are
subject to the following:
1. Signs must be on site.
21. There shall be no moving or flashing green or red features that could be mistaken as traffic control
devices.
32. Intermittent Changes:
a. Any changes to the face or copy of the sign must have a minimum of eight (8) second interval
between changes.
b. Any changes to the face or copy of the sign must stop BETWEEN THE HOURS OF 10:00 P.M.
—6:00 A.M.at 10:00 p.m.,except for time and temperature::
i. THERE SHALL BE NO CHANGES TO THE FACE OR COPY OF THE SIGN;AND
ii. c. After BETWEEN THE HOURS OF 10:00 p.m 6:00 AM, the background must be
darker than the text.
43. LED SIGNS / ELECTRONIC MESSAGE DISPLAYS ARE SUBJECT TO ALL OF THE
FOLLOWING:
a. BETWEEN THE HOURS OF 10:00 P.M.AND 6:00 A.M.:
i. LED SIGNS SHALL NOT EXCEED THE MAXIMUM LUMINATION LEVEL OF
100 NITS;AND
ii. SIGNS LOCATED ADJACENT TO RESIDENTIAL ZONING DISTRICTS SHALL
BE TURNED OFF.
b. SIGNS SHALL BE EQUIPPED WITH PHOTO CELL SENSORS THAT ARE FACTORY
LOCKED TO:
i. ADJUST THE SIGN TO AN APPROPRIATE LIGHT LEVEL DURING DAYLIGHT
HOURS;AND
ii. DIM THE SIGN AT NIGHT TO THE REQUIRED NIT LEVEL AS STATED IN THIS
SECTION.
c. AN AFFIDAVIT FROM THE MANUFACTURER OR OTHER EVIDENCE OF
COMPLIANCE SATISFACTORY TO THE TOWN, ATTESTING TO THE PHOTO CELL
SENSOR EQUIPMENT LOCK AS REQUIRED ABOVE SHALL BE SUBMITTED WITH
THE SIGN PERMIT APPLICATION.
PLS:pls 2715993.4 7/20/2016
2
d. THE ELECTRONIC MESSAGE CENTER PORTION OF THE SIGN SHALL NOT HAVE A
WHITE BACKGROUND AND SHALL BE TURNED OFF WHEN THE BUSINESS IS
• CLOSED.
e. SIGNS SHALL INCLUDE TIMERS THAT AUTOMATICALLY TURN OFF THE DIGITAL
DISPLAY.
PLS:pls 2715993.4 7/20/2016
3
The Town of Fountain Hills Zoning Ordinance, Chapter 8 Outdoor Lighting Control is hereby amended
by deleting Section 8.02 Definitions and by renumbering and amending Sections 8.01 Administration, 8.03
c�'eneral Requirements, 8.04 Prohibitions, 8.05 Permanent and Temporary Exemptions, and 8.06 Procedures for
ompliance,to read as follows (additions shown in ALL CAPS; deletions shown in strikethrough:
Chapter 8
OUTDOOR LIGHTING CONTROL
Sections:
8.01 Administration.
8.02 Definitions.
8.032 General Requirements.
8.0403 Prohibitions.
8.054 Permanent and Temporary Exemptions.
8.065 Procedures for Compliance.
Section 8.01 Administration
A. Purpose: IT IS THE INTENT OF THIS CHAPTER TO REQUIRE LIGHTING PRACTICES AND
SYSTEMS THAT MINIMIZE LIGHT POLLUTION, GLARE, AND LIGHT TRESPASS, AND
CONSERVE ENERGY WHILE MAINTAINING ADEQUATE LIGHT FOR NIGHTTIME SAFETY,
UTILITY, SECURITY AND PRODUCTIVITY. GOOD MODERN LIGHTING PRACTICES CAN
ACHIEVE THESE GOALS AND AT THE SAME TIME PRESERVE THE SCENIC VIEW OF THE
Nov NIGHT SKY, MINIMIZE LIGHTING THAT WOULD HAVE A DETRIMENTAL EFFECT ON
ASTRONOMICAL OBSERVATIONS, AND PREVENT LIGHTING THAT WOULD BE
OFFENSIVE TO NEIGHBORING AND NEAR-BY PROPERTIES.This chapter is intended to restrict
the permitted use of outdoor artificial illuminating devices emitting undesirable rays into the night sky
neighboring and near by properties.
B. Conformance with Applicable Code AND ZONING ORDINANCE Provisions: All outdoor artificial
illuminating devices shall be installed in conformance with the provisions of this articleCHAPTER, any
other applicable provisions of the Zoning Ordinance of the Town of Fountain Hills and any-building
ordinancesCODES of the Town of Fountain Hills, which may hereafter be enacted, as applicable.
Where any provisions of any of the Arizona state statutes or of the federal law, or any companion
ordinance comparatively conflicts with the requirements of this chapter, the more restrictive shall
gevepn.
C. Approved Material and Methods of Installation: The provisions of this chapter are not intended to
prevent the use of any material or method of installation not specifically prescribed by this chapter,
provided any such alternate has been approved in writing by the Town of Fountain Hills Community
Development Director ZONING ADMINISTRATOR upon CONSULTATION WITH THE CHIEF
BUILDING OFFICIAL AND a-finding that the proposed design,material or method:
1. Provides approximate equivalence to the applicable requirements of this chapter AND
APPLICABLE BUILDING CODES; or
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2. Is otherwise satisfactory and complies with the intent of this chapter.
ection-,8.002 De€nitions
For purposes of this chapter, the following terms shall have the following definitions:
fossil fuels.
the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point
on the fixture where light is emitted.
Individual: Any private individual, tenant, lessee, owner or any commercial entity including, but not limited to.
companies, partnerships,joint ventures or corporations.
Installed: An initial installation of outdoor light fixtures on or after the effective date of this chapter.
Luminary: A body that gives light.
Partially Shielded: Means the fixture shall be shielded so that the bottom edge of the shield is below the plane
centerline of the light source (lamp), minimizing the emission of light above the horizontal plane.
Outdoor Light Fixtures: Outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices,
permanent or portable, us-d for illumination or advertisement. Such devices shall include, but are not limited
search, r t fl oo.l l iglu for:
1. Buildings and structures
2. Recreation areas
3. Parking lot lighting
1. Landscape lighting
5. Billboards and other signage(advertising or other)
6. Street lighting
Section 8.032 General Requirements
A. Shielding-and-Filtration:
1. ALL OUTDOOR LIGHT FIXTURES WITH LIGHT OUTPUT GREATER THAN 2250
INITIAL LUMENS SHALL BE FULLY SHIELDED. FIXTURES WITH LIGHT OUTPUT
RANGES FROM 1125 TO 2250 INITIAL LUMENS SHALL BE AT LEAST PARTIALLY
SHIELDED. All outdoor light fixtures, except those exempt from this chapter, shall be fully or
partially shielded as required in Section 8.03, B.
2. OUTDOOR ADVERTISING SIGNS CONSTRUCTED OF TRANSLUCENT MATERIALS AND
WHOLLY ILLUMINATED FROM WITHIN DO NOT REQUIRE SHIELDING. It is
recommended that existing mercury vapor fixtures either be replaced or be equipped with a filter
whose transmission is less than ten (10) percent total emergent flux at wavelengths less than forty
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four hundred 0400) angstroms. "Total emergent flux" is defined as that between three thousand
(3000) and seven thousand(7000) angstrom units.
CS.
Low pressure sodium lamps are the preferred light source for minimizing adverse effects on
B. CORRELATED COLOR TEMPERATURE (CCT): IN ORDER TO
MINIMIZE THE DETRIMENTAL EFFECTS OF BLUE LIGHT, THE CORRELATED COLOR
TEMPERATURE (CCT) OF ANY OUTDOOR LIGHTING FIXTURE SHALL NOT EXCEED 3000K.
are as set forth in the following table:
Must be Filtering
Fixture Lamp Type Shielded Recommended
Low pressure sodium Partially None
High pressure sodium Fully None
Metal halide Fully Yes
Fluorescent Fully Yes
Quartz Fully None
Incandescent greater than 150w Fully None
Compact Fluorescent Greater than 52w Fully None
Incandescent 75w to 150w Partially None
Compact Fluorescent 18w to 52w Partially Yes
Incandescent less than 75w None None
Compact Fluorescent Less than 18w None Yes
Fossil fuel None None
Glass tubes filled with neon, argon, and
krypton: None None
Other sources as approved by the Zoning Administrator
astronomical bso ations
2. Metal halide lamps shall be in enclosed luminaries. See also Section 8.04,F.
3. Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated
from within rle not r shielding,
4. Warm white and natural lamps are preferred to minimize detrimental effects.
5. For the purposes of this division, a quartz lamp shall not be considered an incandescent light source.
6. Recommended for existing fixtures. See also Section 8.04, G.
IDC. LIGHT TRESPASS: OUTDOOR LIGHTING FIXTURES SHALL BE SUFFICIENTLY SHIELDED
AND AIMED SUCH THAT SPILLAGE OF LIGHT ONTO ADJACENT PROPERTIES IS
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MINIMIZED AND GLARE FROM THE LIGHT EMITTING AND/OR REFLECTING PARTS OF A
LUMINAIRE IS NOT VISIBLE FROM ANY ADJACENT PROPERTY.
'6. LUMEN DENSITY CAPS:
1. IN COMMERCIAL, INDUSTRIAL, LODGING, AND MULTI-FAMILY ZONING
DISTRICTS, UNSHIELDED LIGHTING ON A PROPERTY SHALL NOT EXCEED:
A. 50,000 LUMENS PER NET ACRE IN COMMERCIAL, INDUSTRIAL, AND
LODGING ZONING DISTRICTS.
B. 20,000 LUMENS PER NET ACRE IN MULTI-FAMILY ZONING DISTRICTS.
2. TO PREVENT OVER-LIGHTING IN COMMERCIAL, INDUSTRIAL, LODGING, AND
MULTI-FAMILY ZONING DISTRICTS„ THE TOTAL AMOUNT OF LIGHTING ON A
PROPERTY, BOTH SHIELDED AND UNSHIELDED, SHALL NOT EXCEED:
A. 100,000 LUMENS PER NET ACRE IN COMMERCIAL, INDUSTRIAL, AND
LODGING ZONING DISTRICTS.
B. 50,000 LUMENS PER NET ACRE IN MULTI-FAMILY ZONING DISTRICTS.
3. IN SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS AND FOR SINGLE-FAMILY
RESIDENTIAL USES,OUTDOOR LIGHTING IS NOT SUBJECT TO A LUMEN DENSITY
CAP, BUT IS SUBJECT TO SHIELDING REQUIREMENTS AS SET FORTH IN SECTION
8.02(A).
E. HOLIDAY LIGHTING DECORATIONS: TEMPORARY OUTDOOR HOLIDAY LIGHTING
DECORATIONS ARE PERMITTED FOR A REASONABLE PERIOD BEFORE A HOLIDAY AND
ARE NOT SUBJECT TO THE REQUIREMENTS IN THIS SECTION 8.02. HOLIDAY LIGHTING
IN RESIDENTIAL NEIGHBORHOODS SHALL BE MINIMIZED AFTER 11:00 P.M. SUNDAY
THROUGH THURSDAY AND 11:00 P.M. FRIDAY AND SATURDAY AND SHALL BE
REMOVED WITHIN TWO WEEKS AFTER THE HOLIDAY.
Section 8.-0403 Prohibitions
A. Searchlights: The operation of searchlights for advertising purposes is prohibited.
B. Recreational Facilities: No outdoor recreational facility, public or private, shall be illuminated by
after 11:00 P.M. except to conclude a specific recreational, sporting or other
activity that began prior to 10:00 P.M. RECREATIONAL FACILITY LIGHTING SHALL MAKE
APPROPRIATE USE OF ADAPTIVE CONTROLS WHEN POSSIBLE.
C. Outdoor Building or Landscaping Illumination: The unshielded outdoor illumination of any building,
landscaping, signing SIGNAGE or other purpose, is prohibited except with incandescent LIGHT
fixtures drawing less thanOF LESS THAN seventy five (75) watts1125 LUMENS. or with compact
. The combined outdoor unshielded
lighting shall not exceed
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using compact fluorescent fixtures1125 LUMENS within a 25-foot radius after 11:00 p.m. All
illumination shall be so arranged as not to shine upon or reflect onto adjoining properties.
crt,, Exterior Lighting: All lighting for off-street parking or loading areas or for the external illumination of
buildings or signs shall be directed away from and shielded from any adjacent residential property and
shall not detract from driver visibility on adjacent streets.
E. Mercury Vapor: All mercury vapor fixtures are prohibited.
F. Signage: All outdoor signage, with its lighting, shall conform to Section 8.032 and shall be of such size
and color as not to interfere with traffic or limit visibility of adjoining property. Illumination
LIGHTING on any sign not wholly illuminated from within mustSHALL conform to Section 8.032 and
be directed towards the ground. REGULATIONS RELATING TO SIGNS WITH INTERMITTENT,
SCROLLING OR FLASHING ILLUMINATION ARE IN CHAPTER 6, SECTION 6.08.CC.Signs
C. Metal Halide Lamps: Metal halide display lighting shall not be used for security lighting after 11:00
p.m. (or after closing hours if bcferc -00 p.m.) unless fully shielded.
Section 8.054 Permanent and Temporary Exemptions
A. Nonconforming Fixtures: All outdoor light fixtures existing and fully installed prior to the effective
date of this chapter are nonconforming indefinitely; provided, however, that no change in use,
replacement, structural alteration, or restoration (after abandonment of outdoor light fixtures) shall be
0 made unless it thereafter conforms to the provisions of this chapter.
B. Feder-and S eGOVERNMENTAL Facilities: Those facilities and lands owned, operated or
protected by the U.S. federal government, the State of Arizona, erMaricopa County, AND THE TOWN
are exempted from all requirements of this chapter. Voluntary compliance with the intent of this chapter
at those facilities is urged.
C. Special Exemption: The Zoning Administrator may grant a special exemption from the requirements of
Section 8.032 only upon a written finding that there are extreme geographic or geometric conditions
warranting the exemption and that there are no conforming fixtures that would suffice.
D. Utility Exemption: Utility companies entering into a duly approved contract with the Town of Fountain
Hills in which they agree to comply with the provisions of these regulations, shall be exempt from
applying for and obtaining a permit for the installation of outdoor light fixtures, including residential
security lighting.
E. Temporary Exemptions:
1. Request: Any individual may submit a written request (on a form approved by the Zoning
Administrator) for a temporary exemption to the requirements of this chapter, such exemption to
be valid for thirty(30)days,renewable at the discretion of the Zoning Administrator.
411) 2. The request for temporary exemption(s) shall provide:
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a. Specific exemptions(s) requested.
b. Type and use of outdoor light fixture for which exemption is sought.
c. Duration of the requested exemption.
d. Type of lamp(s) and calculated lumens.
e. Total wattage of lamp(s).
f. Proposed location.
g. Previous temporary exemptions, if any.
h. Physical size of outdoor light fixture and type of shielding to be provided.
3. In addition to the above data, the Zoning Administrator may request any additional information,
which would assist his IN evaluatienG of the request.
4. THE ZONING ADMINISTRATOR SHALL MAKE A DECISION ON THE APPLICATION
AND SHALL NOTIFY THE APPLICANT OF THE DECISION WITHIN 10 DAYS OF
RECEIPT OF A COMPLETE APPLICATION. THE EXEMPTION SHALL BE GRANTED
UPON A DETERMINATION THAT THE TYPE AND USE OF THE OUTDOOR LIGHT
FIXTURE IS THE FOR THE SHORTEST PERIOD OF TIME AND THE MINIMUM
11) LUMENS NEEDED FOR THE INTENDED PURPOSE AND SHALL NOT BE
DETRIMENTAL TO PERSONS RESIDING OR BUSINESSES OPERATING WITHIN A
REASONABLE DISTANCE FROM THE USE LOCATION.
F. SPECIAL EVENTS: EVENTS THAT ARE APPROVED THROUGH THE SPECIAL EVENT
PERMIT, SPECIAL USE PERMIT, TEMPORARY USE PERMIT, OR ADMINISTRATIVE USE
PERMIT PROCESSES MAY INCLUDE SPECIFIED EXEMPTIONS FROM THIS CHAPTER FOR
THE DURATION OF THE EVENT, BUT ONLY IF THEY SATISFY THE CRITERIA SET FORTH
ABOVE IN SUBSECTION (E)(4).
Section 8.065 Procedures for Compliance
A. Application:
1. Any individual applying for a building PERMIT or use permit under the zoning ordinance of the
Town of Fountain Hills WHO intendSing to install outdoor lighting fixtures shall, as a part of
aidTHE PERMIT application, submit evidence that the proposed work LIGHT FIXTURES will
comply with this chapter.
2. All other individuals intending to install outdoor lightingfxtures shall sib it errl pp cation to
chapter. Landscape lighting or decorative lighting consisting of light fixtures of incandescent
bulbs under twenty five (25) watts 375 LUMENS are exempt from the requirements of this
pamgr SECTION.
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B. Contents of Application: The application FOR BUILDING PERMIT OR USE PERMIT shall contain,
C but shall not necessarily be limited to the following, all or a portion of which may be part of or in
addition to the information required elsewhere in the THIS Zoning Ordinance of the Town of Fountain
Dill-s.
1. Plans indicating the location on the premises, and the type of illuminating devices, fixtures,
lamps, supports, etc.
2. Description of the illuminating devices, fixtures, lamps, supports, etc. This description SHALL
INCLUDE AT LEAST THE INITIAL LUMEN OUTPUT, SHIELDING PLANNED,AND may
include, t ' t li.,.,itecl to, manufacturer's catalog cuts, and drawings (including Sections
where required). ADDITIONAL INFORMATION MAY BE REQUIRED, AS DEEMED
NECESSARY BY THE ZONING ADMINISTRATOR.
3. IF AN APPLICANT DESIRES TO USE AN OUTDOOR LIGHT FIXTURE THAT IS
DIFFERENT FROM WHAT IS IN THE APPLICATION, THE APPLICANT SHALL SUBMIT
THE REQUESTED CHANGE TO THE ZONING ADMINISTRATOR WITH ADEQUATE
INFORMATION TO ALLOW A DETERMINATION IN COMPLIANCE WITH THIS
CHAPTER.
The above required plans and descriptions shall be sufficiently complete to enable the Zoning
Adfninistfat-efREVIEWING DEPARTMENT to readily determine compliance with the requirements of
this chapter. If such plans and descriptions do not readily enable this determination, the applicant shall
Csubmit evidence of compliance by certified test reports as performed by a recognized testing lab.
with this Chapter.
C. Issuance of Permit: Upon compliance with the requirements of this Chapter, the Zoning Administrator
lied for under this ordinance.
D. Amendment to Permit: Should the applicant desirediff td lig0ht fixtures o la PLS:pls 2715993.4 7/20/2016
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Town of Fountain Hills
Outdoor Lighting Zoning Code Amendments
,2016
The Town of Fountain Hills Zoning Ordinance, Chapter 1 Introduction is hereby amended by amending Section
1.12 Definitions,to add the following definitions:
Adaptive Lighting Controls: Devices such as motion sensors, timers and dimmers used in concert with outdoor light
fixtures to vary the intensity or duration of operation of lighting.
Correlated Color Temperature (CCT): The temperature, in Kelvin, of a black body whose spectrum approximates the
spectral power distribution of a given light source. Correlated color temperature is a measure of the quality of
"warmness"or"coolness"of a lamp.
Fully Shielded: Providing internal and/or external shields and louvers so that light rays emitted by the fixture, either
directly from the lamp or indirectly from the fixture, are projected only below a horizontal plane running through the
lowest point on the fixture where light is emitted or reflected.
Glare: The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to
which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility. The magnitude
of glare depends upon such factors as the size, position, and luminance of the source and the luminance of to which the
eyes are adapted.
Initial Lumens: The lumens rating of a lamp when new, not including any age-related depreciation of light output.
Installed. Set up and fixed in position for use.
umen: The SI (International System of Units) unit of light output. A lumen is approximately the amount of light that
Walls on a one—square—foot surface one foot away from a candle flame.
Luminaire: A body that gives light.
Nit: A unit of measurement of luminance, or the intensity of visible light, where one nit is equal to one candela per
square meter. Nits are used to describe the brightness of display devices such as televisions, computers, and electronic
message boards.
Outdoor Light Fixture: An artificial illuminating fixture, lamp, or other device, located in the open air, not within an
enclosed structure, that is permanent or portable, and is used for illumination or advertisement. Such devices shall
include,but are not limited to, search, spot or floodlights for:
1. Buildings and structures
2. Recreation areas
3. Parking lot lighting
4. Landscape lighting
5. Billboards and other signage(advertising or other)
6. Street lighting.
Partially shielded: As applied to outdoor lighting fixtures, means a fixture that is shielded so that the bottom edge of the
shield is below the plane centerline of the light source (lamp), minimizing the emission of light above the horizontal
plane.
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The Town of Fountain Hills Zoning Ordinance, Chapter 6 Sign Regulations is hereby amended by amending
Section 6.08 Signs Allowed or Required,to read as follows:
"ection 6.08 Signs Allowed or Required
‘gar.
CC. Electronic Message Center: Signs with intermittent, scrolling or flashing illumination, including electronic
message center signs, are permitted in Commercial and Industrial zoning districts only; provided, however, that
churches and schools may display such signs in residential districts. All electronic message center signs are
subject to the following:
1. There shall be no moving or flashing green or red features that could be mistaken as traffic control
devices.
2. Intermittent Changes:
a. Any changes to the face or copy of the sign must have a minimum of eight (8) second interval
between changes.
b. Between the hours of 10:00 pm—6:00 am, except for time and temperature.:
i. There shall be no changes to the face or copy of the sign; and
ii. The background must be darker than the text.
3. LED signs/electronic message displays are subject to all of the following:
a. Between the hours of 10:00 p.m. and 6:00 a.m.:
i. LED signs shall not exceed the maximum lumination level of 100 nits; and
ii. Signs located adjacent to residential zoning districts shall be turned off.
B. Signs shall be equipped with photo cell sensors that are factory locked to:
i. Adjust the sign to an appropriate light level during daylight hours; and
ii. Dim the sign at night to the required nit level as stated in this section.
C. An affidavit from the manufacturer or other evidence of compliance satisfactory to the town,
attesting to the photo cell sensor equipment lock as required above shall be submitted with the
sign permit application.
D. The electronic message center portion of the sign shall not have a white background and shall be
turned off when the business is closed.
e. Signs shall include timers that automatically turn off the digital display.
I
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The Town of Fountain Hills Zoning Ordinance, Chapter 8 Outdoor Lighting Control is hereby amended by
deleting Section 8.02 Definitions and by renumbering and amending Sections 8.01 Administration, 8.03 General
Requirements, 8.04 Prohibitions, 8.05 Permanent and Temporary Exemptions, and 8.06 Procedures for Compliance, to
'ad as follows:
Nor
Chapter 8
OUTDOOR LIGHTING CONTROL
Sections:
8.01 Administration.
8.02 General Requirements.
8.03 Prohibitions.
8.04 Permanent and Temporary Exemptions.
8.05 Procedures for Compliance.
Section 8.01 Administration
A. Purpose: it is the intent of this chapter to require lighting practices and systems that minimize light pollution,
glare, and light trespass, and conserve energy while maintaining adequate light for nighttime safety, utility,
security and productivity. Good modern lighting practices can achieve these goals and at the same time preserve
the scenic view of the night sky, minimize lighting that would have a detrimental effect on astronomical
observations, and prevent lighting that would be offensive to neighboring and near-by properties.
B. Conformance with Applicable Code and Zoning Ordinance Provisions: All outdoor artificial illuminating
devices shall be installed in conformance with the provisions of this chapter, any other applicable provisions of
the Zoning Ordinance or codes of the Town of Fountain Hills,which may hereafter be enacted,as applicable.
C. Approved Material and Methods of Installation: The provisions of this chapter are not intended to prevent the
use of any material or method of installation not specifically prescribed by this chapter, provided any such
alternate has been approved in writing by the Town of Fountain Hills zoning administrator upon consultation with
the chief building official and finding that the proposed design, material or method:
1. Provides approximate equivalence to the applicable requirements of this chapter and applicable building
codes; or
2. Is otherwise satisfactory and complies with the intent of this chapter.
Section 8.02 General Requirements
A. Shielding:
1. All outdoor light fixtures with light output greater than 2250 initial lumens shall be fully shielded.
Fixtures with light output ranges from 1125 to 2250 initial lumens shall be at least partially shielded.
2. Outdoor advertising signs constructed of translucent materials and wholly illuminated from within do not
require shielding.
B. Correlated Color Temperature(CCT): in order to minimize the detrimental effects of blue light,the correlated
color temperature(CCT)of any outdoor lighting fixture shall not exceed 3000K.
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C. Light Trespass: Outdoor lighting fixtures shall be sufficiently shielded and aimed such that spillage of light onto
adjacent properties is minimized and glare from the light emitting and/or reflecting parts of a luminaire is not
visible from any adjacent property.
'tome. Lumen Density Caps:
1. In commercial, industrial, lodging, and multi-family zoning districts, unshielded lighting on a property
shall not exceed:
A. 50,000 lumens per net acre in commercial, industrial, and lodging zoning districts.
B. 20,000 lumens per net acre in multi-family zoning districts.
2. To prevent over-lighting in commercial, industrial, lodging, and multi-family zoning districts„ the total
amount of lighting on a property,both shielded and unshielded, shall not exceed:
A. 100,000 lumens per net acre in commercial, industrial,and lodging zoning districts.
B. 50,000 lumens per net acre in multi-family zoning districts.
3. In single-family residential zoning districts and for single-family residential uses, outdoor lighting is not
subject to a lumen density cap, but is subject to shielding requirements as set forth in section 8.02(A).
E. Holiday Lighting Decorations: Temporary outdoor holiday lighting decorations are permitted for a reasonable
period before a holiday and are not subject to the requirements in this section 8.03. Holiday lighting in residential
neighborhoods shall be minimized after 11:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday
and shall be removed within two weeks after the holiday.
ttsection 8.03 Prohibitions
A. Searchlights: The operation of searchlights is prohibited.
B. Recreational Facilities: No outdoor recreational facility, public or private, shall be illuminated after 11:00 P.M.
except to conclude a specific recreational, sporting or other activity that began prior to 10:00 p.m. Recreational
facility lighting shall make appropriate use of adaptive controls when possible.
C. Outdoor Building or Landscaping Illumination: The unshielded outdoor illumination of any building,
landscaping, signage or other purpose, is prohibited except with light fixtures of less than 1125 lumens. The
combined outdoor unshielded lighting shall not exceed 1125 lumens within a 25-foot radius after 11:00 p.m. All
illumination shall be so arranged as not to shine upon or reflect onto adjoining properties.
D. Exterior Lighting: All lighting for off-street parking or loading areas or for the external illumination of buildings
or signs shall be directed away from and shielded from any adjacent residential property and shall not detract from
driver visibility on adjacent streets.
E. Mercury Vapor: All mercury vapor fixtures are prohibited.
F. Signage: All outdoor signage lighting; shall conform to Section 8.02 and shall be of such size and color as not to
interfere with traffic or limit visibility of adjoining property. lighting on any sign not wholly illuminated from
within shall conform to Section 8.02 and be directed towards the ground. Regulations relating to signs with
intermittent, scrolling or flashing illumination are in chapter 6, section 6.08.CC.
L'ection 8.04 Permanent and Temporary Exemptions
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A. Nonconforming Fixtures: All outdoor light fixtures existing and fully installed prior to the effective date of this
chapter are nonconforming indefinitely; provided, however, that no change in use, replacement, structural
alteration, or restoration(after abandonment of outdoor light fixtures) shall be made unless it thereafter conforms
to the provisions of this chapter.
B. Governmental Facilities: Those facilities and lands owned, operated or protected by the U.S. federal
government, the State of Arizona, Maricopa County, and the Town are exempted from all requirements of this
chapter. Voluntary compliance with the intent of this chapter at those facilities is urged.
C. Special Exemption: The Zoning Administrator may grant a special exemption from the requirements of Section
8.02 only upon a written finding that there are extreme geographic or geometric conditions warranting the
exemption and that there are no conforming fixtures that would suffice.
D. Utility Exemption: Utility companies entering into a duly approved contract with the Town of Fountain Hills in
which they agree to comply with the provisions of these regulations, shall be exempt from applying for and
obtaining a permit for the installation of outdoor light fixtures.
E. Temporary Exemptions:
1. Request: Any individual may submit a written request(on a form approved by the Zoning Administrator)
for a temporary exemption to the requirements of this chapter, such exemption to be valid for 30 days,
renewable at the discretion of the Zoning Administrator.
2. The request for temporary exemption(s) shall provide:
a. Specific exemptions(s)requested.
• b. Type and use of outdoor light fixture for which exemption is sought.
c. Duration of the requested exemption.
d. Type of lamp(s)and calculated lumens.
e. Total wattage of lamp(s).
f. Proposed location.
g. Previous temporary exemptions, if any.
h. Physical size of outdoor light fixture and type of shielding to be provided.
3. In addition to the above data, the Zoning Administrator may request any additional information, which
would assist in evaluating the request.
4. The zoning administrator shall make a decision on the application and shall notify the applicant of the
decision within 10 days of receipt of a complete application. The exemption shall be granted upon a
determination that the type and use of the outdoor light fixture is the for the shortest period of time and
the minimum lumens needed for the intended purpose and shall not be detrimental to persons residing or
businesses operating within a reasonable distance from the use location.
F. Special Events: Events that are approved through the special event permit, special use permit, temporary use
permit, or administrative use permit processes may include specified exemptions from this chapter for the
duration of the event,but only if they satisfy the criteria set forth above in subsection(E)(4).
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Section 8.05 Procedures for Compliance
A. Application:
416. 1. Any individual applying for a building permit or use permit who intends to install outdoor light fixtures
shall,as a part of the permit application, submit evidence that the proposed light fixtures will comply with
this chapter.
2. All other individuals intending to install outdoor landscape lighting or decorative lighting consisting of
light fixtures under 375 lumens are exempt from the requirements of this section.
B. Contents of Application: The application for building permit or use permit shall contain, but shall not
necessarily be limited to the following, all or a portion of which may be part of or in addition to the information
required elsewhere in this Zoning Ordinance.
1. Plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps,
supports,etc.
2. Description of the illuminating devices, fixtures, lamps, supports, etc. shall include at least the initial
lumen output, shielding planned, and manufacturer's catalog cuts, and drawings (including Sections
where required). Additional information may be required, as deemed necessary by the zoning
administrator.
3. If an applicant desires to use an outdoor light fixture that is different from what is in the application, the
applicant shall submit the requested change to the zoning administrator with adequate information to
allow a determination in compliance with this chapter.
The above required plans and descriptions shall be sufficiently complete to enable the reviewing department to
readily determine compliance with the requirements of this chapter. If such plans and descriptions do not readily
enable this determination,the applicant shall submit evidence of compliance by certified test reports as performed
by a recognized testing lab.
46.
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Updating the Current Lighting
and Sign Ordinances
Information Packet
FOVNTA1N HILLS
bark SI: H CJN1141ittce
COMMITTEE MEMBERS
Nancy Bill, Chair Craig Gimbel Jerry Miles
Ted Blank Paul McElligott Jay Schlum
Joe Bill Jackie Miles Bob Wilson
OUTLINE
Part 1 Why do the Lighting and Sign
Ordinances Need to be Updated
Part 2 What are the Key Updates
Part 3 Explanation of Correlated Color
Temperature
Part 4 Questions and Answers
Part 5 Summary
PART 1
Why do the Lighting and Sign Ordinances
Need to be Updated
Maintain Original Intent
The proposed ordinances seek to maintain the general intent of the current lighting
ordinance. That general intent is specified in the following introduction in the
current lighting ordinance:
"This chapter is intended to restrict the permitted use of outdoor artificial illuminating
devices emitting undesirable rays into the night sky which have a detrimental effect on
astronomical observations, or which would otherwise be offensive to neighboring and
nearby properties."
Address New Technologies
New lighting options, particularly LEDs, produce more light at lower wattage and
lower cost than ever before. Using watts to define brightness, as is done in the
current lighting ordinance, is no longer relevant. Rather, definitions using Initial
Lumens must be adopted.
Furthermore, LEDs can produce a bright white glare that is not only annoying to
neighbors, but can also be a hazard to nighttime driving. People who have seen
oncoming cars with bright white xenon headlights understand the kind of glare that
bright white LEDs produce. A new technical term, Correlated Color Temperature
(CCT), is needed to adequately control the type of light emitted by LEDs.
A second emerging technology is electronic message boards. Each year, they are
becoming more affordable and the current ordinances have no guidelines for
brightness and inadequate guidelines relating to usage. Here again, a new
technical term, Nits, is needed so that maximum brightness of a flat panel display
can be specified.
Note: The definitions of Initial Lumens, Correlated Color Temperature (CCT) and Nits are given
on the first page of the Outdoor Lighting Zoning Code Amendments.
Close Loopholes
While the current lighting ordinance has guidelines related to shielding and light
output per fixture, there is no guideline for how many fixtures can be installed on a
given property (thus no limit on the total light output in a given area). For that
reason, a lumen density cap per acre is needed for commercial and multi-family
residential areas.
PART 2
What Are the Key Updates
BRIGHTNESS DEFINED BY LUMENS, NOT WATTS
The proposed lighting ordinance uses lumens rather than watts to define the light
brightness limits. Lumens defines the brightness of light emitted while watts
designate the amount of power used. Using lumens to define brightness is essential
as new lighting technologies emerge. The lumens allowed are consistent with the
lumens allowed under current policy.
MAXIMUM CORRELATED COLOR TEMPERATURE (CCT) OF
3000K (KELVIN) IS SPECIFIED
The current lighting ordinance already suggests this guideline in General
Requirements (8.03 B 4) with the statement: "Warm white and natural lamps are
preferred to minimize detrimental effects." The intent is to minimize lighting that
emits light focused on the blue end of the color spectrum. Cool white unfiltered
LED lights are the worst offenders for obscuring vision of the night sky because of
how blue light scatters in the atmosphere. Examples of appropriate lighting with a
CCT below 3000K are incandescent lights, warm white fluorescents, warm white
filtered LEDs, amber LEDs, and high and low pressure sodium lights. See the next
section for further explanation of Correlated Color Temperature (CCT).
LIGHT DENSITY
The current lighting ordinance limits the brightness of individual fixtures, but does
not limit the total light output in a given area. This loophole is closed by specifying
maximum lumens per acre in commercial and multi-family residential areas. No
guideline is proposed for single family residential.
ELECTRONIC MESSAGE BOARDS
A maximum brightness of 100 nits (a measure of brightness per unit area emitted
from a flat screen) during nighttime hours is specified. This brightness level is a
common standard used by communities around the country that have adopted
brightness limits. This is supported by the following abstract from a study
conducted by ASU:
"Careful and sensible control of the nighttime brightness of digital LED signage is critical.
Unlike previous technologies, these signs are designed to produce brightness levels that are
visible during the daytime; should too large a fraction of this brightness be used at night
serious consequences for driver visibility and safety are possible. A review of the lighting
professional literature indicates that drivers should be subjected to brightness levels of no
greater than 10 to 40 times the brightness level to which their eyes are adapted for the
critical driving task. As roadway lighting and automobile headlights provide lighting levels of
about one nit, this implies signage should appear no brighter than about 40 nits. Standard
industry practice with previous technologies for floodlit billboards averages less than 60 nits,
and rarely exceeds 100 nits. It is recommended that the new technologies should not
exceed 100 nits."
Important elements of current lighting ordinance
that are NOT changed:
Since our current lighting ordinance already promotes dark skies, far fewer changes
are needed compared to other communities that have gone through this process.
Therefore:
1. No changes regarding the brightness of individual lights.
2. No change to the shielding requirements for light fixtures.
3. No changes required for existing fixtures that do not conform to the
proposed ordinance. (Section 8.05.A - Nonconforming Fixtures - has not
changed.) - (grandfather clause)
PART 3
Explanation of Correlated Color Temperature
CORRELATED COLOR TEMPERATURE (CCT)
To address the available new lighting technologies in the proposed lighting
ordinance, an upper limit to the color temperature of the lighting source is specified
as 3000K (Kelvin) in Section 8.02 B of the proposed ordinance. Basically, this
specifies that light sources should emit light primarily from the warmer end of the
color spectrum. From the chart below, you can see that for example, any
incandescent light meets the guideline, as does warm white fluorescent and warm
white (filtered) LED. However, cool white fluorescent and particularly cool white
(unfiltered) LED, do not.
The primary reason for limiting the Correlated Color Temperature (CCT) of bulbs is
that light that is mostly blue or bright white is the primary cause of light pollution
and glare because those wavelengths generate much more light scattering in the
atmosphere as illustrated on the next page. Also, the American Medical Association
(AMA) has just published a policy statement that all municipalities should use
3000K or lower CCT for municipal lighting for health reasons.
k
Northloghtv8lue sky 8500k
7500k Cool white LED lur,ftikt e i
7000k
6500k
6000k
5500k
High noon 5000k Natural white metal halide
4500i; C-Clear metal halide
Natural white LEA?
4000k Cool white fluorescent
3500k halogen
Warm metal halide
WOO Warm white lkiorescent
--Warm white LED Mikirvidi
2500k Incandescent
Sunrise 2000k High pressure sodium
1504k WARMER 0—Low pressure sodium
11P)
Light scattering caused by ,flue and bright white lights
Even fully sided fixtures that emit blue or bright white light cannot
stOp"Rayleigh Scattering," which incontrollably brightens the night sky.
Sloe
Light
High t m pwa-
lure NOM(blue and
brigtit white)escapes
via sGatlerir g in the
atmosphere restating
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IP THE SOLUTION
Light sources emitting at color temperatures below 3000k, which
means no blue or bright white tights..
PART 4
Questions and Answers
1. Is it necessary for the Town to update the current ordinances now?
Most certainly, yes. The emerging technologies are rapidly being adopted.
The only way to protect the intent of our current ordinances is to adopt
updates that address the changes in lighting technology that would otherwise
significantly increase glare and light trespass and are known to be
detrimental to dark skies.
2. Will there be a possible negative effect on town development —
businesses are already asking for more lighting along the Avenue of
the Fountains to make it more of a "vibrant" Town Center?
No. With the right kind of lighting, the Town Center can have a "vibrant"
look without polluting the night sky. To witness how this can be done, one
only has to visit Flagstaff or Sedona, both of which have already been
designated as Dark Sky Communities.
3. Are there potential economic benefits to preserving our night sky?
Yes. The recently formed Fountain Hills Astronomy Club already has over 400
members and has begun to offer talks, viewing nights, and other programs
related to astronomy. This, along with Fountain Hills Library's telescope
loaner program, has attracted people from beyond Fountain Hills and will
only increase as the program matures. The goal of the Astronomy Club is to
develop an observatory and develop astro-tourism as an additional reason for
people to visit Fountain Hills.
Second, people who prefer dark skies might choose to live in Fountain Hills
rather than an overlit community.
Third, there are potential unforeseen economic opportunities. Flagstaff, the
world's first officially-designated Dark Sky Community now has the Dark Sky
Brewing Company.
Fourth, Fountain Hills restaurants might develop unique promotional ideas.
The following is an excerpt from a June 30, 2016 article in USA Today:
"Guided starlight excursions are an enchanting way to marvel at the Milky Way and
galaxies beyond, and evening al fresco meals are often made more magical when
accompanied by the glistening night sky. Featuring premier stargazing experiences,
restaurants in prime constellation-viewing locations now offer celestial-inspired
dinners, accompanied by on-site astronomers, high-powered telescopes — and even
glow-in-the-dark desserts. From places like Tanque Verde Ranch in Tucson and
Scottsdale's Four Seasons Resort at Troon North, resorts are pairing stellar dining
experiences with packages that look to the sky for stellar guest experiences."
4. Will the proposed lighting ordinance prevent adequate lighting?
In no way is the Dark Sky Committee advocating no or inadequate lighting.
Rather, it is smarter lighting that's being advocated, i.e., lighting in the
amber color range (CCT of 3000K or below) and the right density per acre of
lighting. Also, it should be emphasized that the new ordinance proposes no
changes in the brightness of individual bulbs and shielding requirements. In
addition, the Town can override the ordinance any time it is deemed
necessary for safety and other reasons.
5. Will the new lighting ordinance affect the lighting of the fountain or
restrict holiday lighting for the Town or individuals?
No. Lighting controlled by timers or used for special events, such as the
lighting of the fountain, ball fields, etc. is not affected by the new ordinance.
Also, the new ordinance contains a clause exempting holiday lighting.
6. Is there a growing trend to restrict the use of high color temperature
(bright white) lighting?
Yes. There is a national movement to either limit or eliminate high CCT
lighting. Due to harmful effects to human health, the American Medical
Association (AMA) adopted in June 2016 a groundbreaking report that affirms
known and suspected impacts to human health and the environment caused
by LEDs that emit excessive amounts of blue light. Below is a synopsis of
the report:
"The AMA report presents significant implications for the ongoing,worldwide transition to LEDs
as the outdoor lighting technology of choice. The report details findings from an increasing body
of scientific evidence that implicates exposure to blue-rich white light at night to increased risks
for cancer,diabetes and cardiovascular disease.
"Not only is blue-rich white LED street lighting five times more disruptive to our sleep cycle than
conventional street lighting, according to the report, but recent large surveys have documented
that brighter residential nighttime lighting is associated with reduced sleep, impaired daytime
functioning and a greater incidence of obesity.
"As a result of a potential risk to public health from excess blue light exposure, the AMA report
encourages attention to optimal design and engineering features when converting from existing
lighting technologies to LED. These include requiring properly shielded outdoor lighting,
considering adaptive controls that can dim or extinguish light at night, and limiting the correlated
color temperature(CCT)of outdoor lighting to 3000 Kelvin(K)or lower."
PART 5
Asi Summary
Fountain Hills stands apart from other communities for a number of reasons; its
signature fountain, its geography and scenery, its small-town feel in the corner of a
major metropolitan area, its adjacency to parks, preserves, and national forest, and
its dark skies.
Unfortunately, our dark sky asset is in danger. The current lighting and sign
ordinances do not address emerging lighting technologies and have loopholes that
can easily be exploited to the detriment of everyone. Bright white LED lights and
no limits on lumen density per acre are just two examples that can create annoying
glare, overlit areas, and a graying of our dark sky. Furthermore, the graying of our
dark sky will not only adversely impact our opportunity to grow an astro-tourism
industry but also our library's telescope loaner program (one of a few such
programs in the U.S) which is enjoyed by many of our town's families.
For this reason, the Fountain Hills Dark Sky Committee was formed. The two goals
established are:
1. Obtain Town Council support for updating the current lighting and sign
ordinances
2. Have Fountain Hills become designated as a Dark Sky Community
Goal 2 can only be considered if Goal 1 is achieved; hence updating the ordinances
is the initial focus. If that effort is successful, the committee will then, and only
then, seek approval from the Town Council to pursue Dark Sky Community
designation by the International Dark Sky Association to give Fountain Hills this
prestigious certification.
Therefore, we, the Fountain Hills Dark Sky Committee, respectfully request your
support and recommendation that the lighting and sign ordinances be updated.
I
7/19/2016
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FOVNTA1N 141LLS
bark Ski Col4iw1ittcc
Dark Sky Committee
• Nancy Bill, Chair Jackie Miles
• Ted Blank Jerry Miles
• Joe Bill Jay Schlum
• Craig Gimbel Bob Wilson
• Paul McElligott
-
1
7/19/2016
L
Current Sign & Lighting Ordinances
Have Protected Our Dark Skies
• Already in place are:
- Shielding requirements
q
- Brightness limitations
- Height restrictions
- Light trespass limitations
- Hours of operation limitations
•
What Needs to Be Addressed
• Electronic Message Displays
• Light Density
• LED Lighting
• High Correlated Color Temperature
•
7/19/2016
Correlated Color Temperature - CCT
PROBLE
Greater than 3000K
Think about the xenon headlights of some cars
THE SOLUTION
3000K or less
Proposed Updates
- Maximum OCT of outdoor lights is 3000K
• As recommended by American Medical Association
— Brightness is defined by lumens, not watts
Actual brightness level guidelines are not changed
41)
7/19/2016
Car
Proposed Updates
— Maximum light density for commercial
and multi-family residential is defined
• As recommended by International Dark Sky Association
— Maximum brightness is 100 nits for
electronic message display signs
As recommended by ASU study
The updates will not
adversely impact the
development of our
downtown
4
7/19/2016
Ilior
FLAGSTAFF NIGHT SCENE
Sufficient lighting for street performers and for people to mill about
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FLAGSTAFF NIGHT SCENE
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FLAGSTAFF NIGHT SCENE
Lighting edging the top of a building to create an effect
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KEY REASONS TO SUPPORT
PROPOSED UPDATED ORDINANCES
THE UPDATES:
Will not adversely impact downtown
development
. Will result in effective and smart lighting
and will minimize light trespass
Will maintain intent of current ordinances
I '
7
7/19/2016
KEY REASONS TO SUPPORT
PROPOSED UPDATED ORDINANCES
THE UPDATES:
• Will address new technologies
Will protect against proliferation of "glare
bombs"
Will preserve our night sky
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FOVNTAIN H1 LLS
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8
�i�TAIN it,t TOWN OF FOUNTAIN HILLS
'tot.. 44 III
n X Planning and Zoning
- Board of Adjustment
94 �._ ,• oca
rbat is AC".
AGENDA ACTION FORM
Meeting Date: July 28, 2016 Agenda Type: Regular
Meeting Type: Regular Submitting Department: Development Services
Staff Contact Information: Bob Rodgers, Senior Planner, 480-816-5138, rrodgers(cr�fh.az.gov
REQUEST TO COMMISSION (Agenda Language):
DISCUSSION with possible direction to staff regarding the initiation of proposed TEXT AMENDMENTS to the
Fountain Hills Zoning Ordinance, Sections 5.19.A and 18.06.B, and to the Fountain Hills Town Code Section
11-1-7. If adopted, the amendments would revise the NOISE REGULATIONS so as to bring them into
conformance with current technology and to make them easier to enforce.
Discussion may also include direction to staff regarding proposed amendments to the Fountain Hills Zoning
Ordinance and Zoning Map for a DOWNTOWN ENTERTAINMENT OVERLAY district which overlays portions
,f the C-2, C-3 and TCCD Commercial Zoning Districts in the downtown area.
Applicant: The Town of Fountain Hills
Applicant Contact Information: Planning & Zoning Division
Property Location: Town-Wide
Related Ordinance, Policy or Guiding Principle:
Fountain Hills Zoning Ordinance Chapter 5 Section 5.19.A— Noise
Fountain Hills Zoning Ordinance Chapter 18 —Town Center Commercial Zoning District
Fountain Hills Town Code Chapter 11, Section 11-1-7 - Noise
Fountain Hills Zoning Map
Staff Summary (background):
The characteristics of sound and the regulation of noise is a complex subject.
In an effort to improve understanding of this matter, a Noise Subcommittee was formed by the Planning &
Zoning Commission on June 10, 2010 in response to the highly publicized noise complaints generated from
residents around Fountain Lake who were disturbed by the nighttime music being played by businesses in
Plaza Fountainside.
The subcommittee was charged with conducting an in-depth review of the noise regulations in town
(specifically downtown), reviewing noise regulations from other jurisdictions, conducting independent research
s necessary, and providing specific recommendations in the form of potential ordinance amendments back to
.ie Planning & Zoning Commission.
Page I oft
Noise Ordinance Initiation
P&Z 7/28/2016
Staff provided the subcommittee with copies of the town's regulations as well as selected other municipal, and
model ordinances. Staff also advertised for knowledgeable volunteers and two well-qualified community
-esidents stepped forward to offer their assistance and insight.
This committee forwarded a report containing recommendations for noise ordinance revisions in essentially the
form that is attached to this report. The Planning & Zoning Commission accepted the report and initiated the
ordinance amendments. However, due to other circumstances, the ordinance amendments were never
adopted.
On February 11, 2016 the Planning & Zoning Commission established a sub-committee in order to study the
possibilities of providing consistent noise regulations in the downtown area. It was noted that the downtown
area contained at least three commercial zoning districts and there were at least two different criteria for
outdoor entertainment (noise). The subcommittee returned their report on April 14, 2016. This report
recommended some ordinance revisions as well as the creation of a Downtown Entertainment Overlay District
that would allow for outdoor entertainment activities in the downtown area under uniform noise regulations
regardless of the zoning district. The Planning & Zoning Commission accepted the committee report and
directed staff to initiate the ordinance and map revisions.
Both the Noise ordinance revision, and the Downtown Entertainment Overlay District revision were forwarded
to the Town Attorney's office for review and to be put into proper form for adoption. During review it was noted
that there were some conflicts between the two that could not be easily made compatible.
The Noise Ordinance has now been put into proper form for adoption and staff suggests that the Planning &
Zoning Commission consider adopting this ordinance as proposed.
The Downtown Overlay District would create an exemption carve-out in the Noise Ordinance such that the
Town Attorney believes that additional discussion is warranted prior to moving it forward.
The Town Attorney will be present and both amendments will be discussed at this July 28, 2016 meeting.
Once discussion is complete, staff will ask for direction from the Commission.
Fiscal Impact (initial and ongoing costs; budget status): NA
Staff Recommendation(s):
Staff recommends that the Planning & Zoning Commission consider both the noise amendment and the
downtown overlay amendment as outlined by the Town Attorney, and provide direction to staff regarding
adoption & implementation.
SUGGESTED MOTION:
Move to direct staff to initiate the Town Code and Zoning amendments regarding Noise.
Move to direct staff to initiate the Town Code and Zoning Map amendments regarding Outdoor Entertainment.
Attachment(s):
Downtown Entertainment Committee Report
Draft Noise Regulations
Draft Ordinance #16-08 (2 pgs)
Draft Ordinance #16-10 (2 pgs)
Draft Resolution #2016-17 (1 pg)
Submitted by:
lRobert Nodgers !tio* July 18, 2016
Interim Development Services Director Date
Page 2 of 2
FAIN TOWN OF FOUNTAIN HILLS
116," O� it
X Planning and Zoning
r
IMF 1101111 Board of Adjustment
tb.t is
AGENDA ACTION FORM
Meeting Date: April 14, 2016 Agenda Type: Regular
Meeting Type: Regular Submitting Department:
Development Services
Staff Contact Information: Bob Rodgers, Senior Planner, 480-816-5138, rrodgersfh.az.gov
REQUEST TO PLANNING & ZONING COMMISSION:
CONSIDERATION of a REPORT by a Volunteer Study Group regarding Downtown Outdoor
Entertainment ordinances and regulations, with possible direction to staff.
Applicant: NA
Applicant Contact Information: NA
Property Location: Downtown Fountain Hills
CCIC)
Related Ordinance, Policy or Guiding Principle:
Fountain Hills General Plan - Downtown Area Specific Plan
Zoning Ordinance Section 2.01 —Amendments or Zone Changes
Zoning Ordinance Chapter 12 — Commercial Zoning Districts
Zoning Ordinance Chapter 18 — Town Center Commercial Zoning District
Staff Summary (background):
The volunteer study group that has been reviewing the downtown zoning regulations in relation to the
possibility of allowing for more outdoor entertainment and similar activities has completed their
research and will be presenting their recommendations to the Planning & Zoning Commission.
Risk Analysis (options or alternatives with implications): NA
Fiscal Impact (initial and ongoing costs; budget status): NA
Staff Recommendation(s): NA
Outdoor
Entertainment
(aw
SUGGESTED MOTION:
Move to accept the study group's report and recommendations, and to direct staff to initiate
amendments to the zoning ordinance and zoning map in order to provide for expanded outdoor
entertainment opportunities as recommended in the report.
Attachment(s):
Study Group Report
Partial Zoning Map
Downtown Area Specific Plan
Noise Ordinance
Chamber of Commerce Letter
Submitted by:
Robert cRod ers 4/7/2016 ©CS
Senior Planner & Zoning Administrator Date
Approved by:
4/7/2016
Paul Mood, Development Services Director Date
Page 2 of 2
April 14, 2016
Outdoor Entertainment Discussion
Background:
Currently in Fountain Hills the only Businesses that are zoned for and permitted to have Outdoor
Audible Entertainment are located in a very small section of the down town area called the TCCD,
Town Center Commercial District. (Map attached)
Chapter 18
TOWN CENTER COMMERCIAL ZONING DISTRICT
Section 18.03 Permitted Uses
23. Outdoor seating areas for restaurants, delicatessens, cafes or bars with or without alcoholic
beverage service, subject to the regulations of this Chapter 18 and provided that any outdoor patio
with alcoholic beverage service must be enclosed as required by Arizona Revised Statutes §4-207.01,
as amended, except for the time during which a current and applicable barrier exemption, as granted
by the Arizona Department of Liquor Licenses and Control,is in place for the outdoor patio.
The Town adopted the Downtown Area Specific Plan (AKA the Swaback Plan) in December of 2009 with
the aim of developing flexible and pro-active framework in which the Town can create opportunities
for events and recommend ordinance amendments. The Plan outlines a number of scenarios and
creates a "Downtown Vision". The Vision provides for an invigorated business climate. Throughout the
Plan the goal seems to be a downtown MUST VISIT magnet for visitors — a vibrant, attractive town
center. (6 pages of Plan are provided; full Plan is available)
The Goals of the Avenue District and the Business District, the core of the downtown:
• Comfortable atmosphere for strolling, sight-seeing and shopping
• Restaurants that attracts the attention of visitors and guests
• Outdoor sidewalk cafes and dining are highly encouraged
• Promote entrepreneurship through a variety of commerce
• Traditional retail and services
• Must Visit—Magnet for visitors
•
Outdoor Entertainment
Chapter 12
COMMERCIAL ZONING DISTRICTS
Section 12.02 Permitted Uses
C.Additional Uses Permitted in C-2 and C•3 Zoning Districts are as follows:
18. Restaurants and cafes, including outdoor patios with or without cocktail lounges, provided
that there is no entertainment or music audible off-site and provided that any outdoor patio with
alcoholic beverage service must be enclosed as required by Arizona Revised Statues§4-207.01,as
amended,except for the time during which a current and applicable barrier exemption,as granted
by the Arizona Department of Liquor Licenses and Control, is in place for the outdoor patio.
Options:
To create an overlay to allow more businesses in Fountain Hills to have Outdoor Audible Entertainment
in the downtown area. Currently the commercial businesses located in these areas are not allowed to
have any outdoor audible entertainment. Mirror the TCCD's guidelines that allow the businesses to
have Outdoor Audible Entertainment.
Be respectful of surrounding residential areas.
The change would enhance some properties zoned C-2 and C-3.
An overlay vs. a change to zoning.
(Note: Sofrita's Restaurant has a received a Permanent Encroachment Permit for outdoor tables and
entertainment.)
Recommendations:
Create an overlay for Plat 208, plus vacant lot, corner commercial lot between Post Office and Sheridan
Plaza, to allow Outdoor Audible Entertainment as identified in the TCCD area. No boundaries boarder
residential areas
Attachments:
Map identifying zoning in Downtown area, specifically TCCD, C-2 and C-3 zones
Downtown Area Specific Plan
Letter of support from Chamber President
Noise ordinance
Outdoor Entertainment
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TOWN OF FOUNTAIN HILLS
NOISE REGULATIONS
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2730238.1
• Section 11-1-7 Noise.
A. Purpose. The purpose of this Section is to promote the health and general welfare
of the citizens and businesses of the Town by balancing the need to protect the
community against unreasonable noise with the legitimate goal of promoting and
encouraging commercial and business growth in the community.
B. Definitions. The following words, terms and phrases, when used in this Section,
have the meanings ascribed to them in this Section, except where the context
clearly indicates a different meaning:
1. "'A' band level" means the total sound level of all noise as measured with
a sound level meter using an A-weighting network. The unit is the dB(A).
2. "Complainant"means a person who files a noise complaint.
3. "Decibel" means a sound pressure that is 20 times the logarithm to the
base 10 of the ratio of the pressure of sound to the reference pressure, 2 x
10 -5 newton/meter2.
4. "Emergency work" means any (a) work performed to prevent or alleviate
physical trauma or property damage threatened or caused by an emergency
• that has or may result in a disruption of service and that is necessary to
restore property to a safe condition following a public calamity, (b) work
required to protect the health, safety or welfare of persons or property or
(c)work by private or public utilities when restoring utility service.
5. "Noise violation" means any noise created that exceeds the maximum
limits as specified in this Section.
6. "Sound level (noise level)" means the sound measured with the A-
weighting and slow response by a sound level meter.
7. "Sound level meter" means an instrument including a microphone, an
amplifier, an output meter and frequency weighting networks for the
measurement of sound levels that satisfies the pertinent requirements for
Type 1 sound level meters as set forth in the most recent version of
American Standard Specifications for Sound Level Meters ANSI S1.4-
1983.
8. "Sound Source"means the cause and location of the noise.
C. Measurement Standard. Sound level shall be measured with a sound level meter
operated in accordance with the manufacturer's guidelines and instructions.
•
2730238.1
Table 1 Measurement Standards:
ocATIVS
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STRUCTURE
D. Noise Violations Prohibited. It shall be a violation of this Section to emit or allow
to be emitted noise in excess of the permissible noise levels set forth in Table 2
below.
Table 2 Permissible Noise Levels:
Monday—Thursday,May 15th to September 15th
Measurement Location Time Decibel
dB(A)
Wall of structure proximate to 55
complainant's location 5:30 am to 11:00 pm
Approximately 30 feet from the sound 85
source
Wall of structure proximate to 45
complainant's location
Approximately 30 feet from the sound 11:00 pm to 5:30 am
75
source
Monday—Thursday, September 16th to May 14th
Measurement Location Time Decibel dB
(A)
Wall of structure proximate to 55
complainant's location
Approximately 30 feet from the sound 6:00 am to 11:00 pm
85
source
Wall of structure proximate to 45
complainant's location
Approximately 30 feet from the sound 11:00 pm to 6:00 am
75
source
2730238.1
2
Friday—Sunday,year long
Measurement Location Time Decibel
dB(A)
Wall of structure proximate to
complainant's location 55
Approximately 30 feet from the sound 7:00 am to 11:00 pm
85
source
Wall of structure proximate to 45
complainant's location
Approximately 30 feet from the sound 11:00 pm to 7:00 am
75
source
E. Complaint Processing. After receiving a noise complaint from a complainant, an
individual authorized under Subsection G of this Section shall measure the noise
level with such measurements being made both at the wall of the complainant's
location and approximately 30 feet from the sound source, as illustrated in Table 1
above. The authorized individual shall determine a noise violation has occurred
when the decibel levels at both the complainant's location and at approximately
30 feet from the sound source exceed the maximum decibel levels set forth in
Table 2 above.
SF. Sound Truck. It is unlawful to play, operate, or use any device known as a sound
truck, loud speaker or sound amplifier, radio or phonograph with loud speaker or
sound amplifier or any instrument of any kind or character that emits loud and
raucous noises and is attached to and upon any vehicle unless such person in
charge of such vehicle.
G. Violations. The Town Manager or designee, code official or Town law
enforcement officer may issue civil citations pursuant to subsection 1-8-3(D) of
this Code to enforce violations of this Section. After civil enforcement as set
forth in subsection 1-8-3(D) of this Code, any POST-certified law enforcement
officer or the Town Prosecutor may issue criminal complaints pursuant to
subsection 1-8-2(A)to enforce this Section.
H. Exemptions. The following uses and activities shall be exempt from Town noise
level regulations:
1. Noises resulting from air-conditioning equipment when such equipment is
in proper operating condition.
2. Noises resulting from lawn maintenance equipment operated during
daylight hours when such equipment is functioning with all mufflers and
standard noise-reducing equipment in use and in proper operating
condition.
C
2730238.1
3
0 3. Noises of safety signals, warning devices and emergency pressure relief
valves.
4. Noises resulting from an authorized emergency vehicle when responding
to an emergency call or acting in time of emergency.
5. Noises resulting from emergency work.
6. Church chimes or bells.
7. Any noise created by any Town or Town contractor vehicles, equipment
or facilities while being operated or utilized for official business.
8. Noises resulting from a special event being held pursuant to a Town-
issued special event permit.
9. An un-amplified human voice.
10. Noise originating in a Downtown Entertainment Overlay District formed
pursuant to the Town of Fountain Hills Zoning Ordinance.
•
II
2730238.1
4
ORDINANCE 16-08
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 5, SECTION 5.19, AND
CHAPTER 18, SECTION 18.06, BY REVISING PROVISIONS RELATED TO
NOISE VIOLATIONS.
WHEREAS, the Town of Fountain Hills Town Code and the Town of Fountain Hills
Zoning Ordinance (the "Zoning Ordinance") each contain provisions pertaining to noise
violations; 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 noise violation has occurred; and
WHEREAS, the Town desires to clarify the provisions of the Zoning Ordinance relating
to noise violations to provide its citizens with a clear statement of the noise violation provisions
applicable to activities in the corporate limits of the Town.
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 5 (General
Provisions), Section 5.19 (Performance Standards) is hereby amended by deleting Subsection A
thereof(Noise) and replacing it with the following:
A. Noise. At no point on the property line shall the sound pressure level of any
individual operation exceed the maximum decibel levels set forth in the Fountain
Hills Town Code Section 11-1-7, Table 2, with each individual operation being
considered a sound source, as such term is defined in the Fountain Hills Town
Code Subsection 11-1-7(B)(8), as amended. For purposes of this Subsection
5.19(A), decibel levels shall be measured according to the measurement standards
set forth in the Fountain Hills Town Code Section 11-1-7, as amended; provided,
however, that for purposes of this Subsection 5.19(A), the registering of a noise
complaint shall not be necessary nor shall it be necessary for an authorized
individual to measure the decibel levels at any complainant's location.
SECTION 3. The Town of Fountain Hills Zoning Ordinance, Chapter 18 (Town Central
Commercial Zoning District), Section 18.06 (Additional regulations) is hereby amended by
deleting Subsection B thereof and replacing it with the following new Subsection B, to read as
follows:
B. Any recorded or live music or sound that is electronically amplified shall only be
permitted at establishments with outdoor patios and such establishments shall
2730195.1
comply with the sound level requirements set forth in the Fountain Hills Town
Code Section 11-1-7, as amended.
SECTION 4. 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 5. 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, September 15, 2016.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
• REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Andrew J. McGuire, Town Attorney
2730195.1 2
11)
ORDINANCE 16-10
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ADOPTING THE "TOWN OF FOUNTAIN
HILLS NOISE REGULATIONS" BY REFERENCE AND AMENDING THE
TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 11,
SECTION 11-1-7, BY REVISING PROVISIONS RELATED TO NOISE
VIOLATIONS.
WHEREAS, the Town of Fountain Hills Town Code (the "Town Code") contains
provisions pertaining to noise violations; 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 objectively determine whether a
noise violation has occurred; and
WHEREAS, the Town desires to clarify the provisions relating to noise violations to
provide its citizens with a clear statement of the noise violation provisions applicable to activities
in the corporate limits of the Town.
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 document known as the "Town of Fountain Hills Noise Regulations"
(the "Noise Regulations"), of which one paper copy and one electronic copy maintained in
compliance with ARIz. REV. STAT. § 44-7041 are on file in the office of the Town Clerk, which
document was made a public record by Resolution 2016-17 of the Town of Fountain Hills,
Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this
Ordinance.
SECTION 3. The Fountain Hills Town Code, Chapter 11 (Offenses), Article 11-1
(Offenses), is hereby amended by deleting Section 11-1-7 (Noise), in its entirety and replacing it
with the Noise Regulations.
SECTION 4. Any person who fails to comply with any provision of the Noise
Regulations shall be subject to civil and criminal penalties as set forth in Section 1-8-1 of the
Fountain Hills Town Code, including civil penalties of not more than $250 base fine. Criminal
penalties shall constitute a class one misdemeanor, punishable by a fine not to exceed $2,500.00
or by imprisonment for a period not to exceed six months, or by both such fine and
imprisonment. Each day that a violation continues shall be a separate offense.
SECTION 5. 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.
2730204.1
SECTION 6. 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, September 15, 2016.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Andrew J. McGuire, Town Attorney
2730204.1
2
RESOLUTION 2016-17
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, DECLARING AS A PUBLIC RECORD THAT
CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED
THE"TOWN OF FOUNTAIN HILLS NOISE REGULATIONS."
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. That certain document entitled the "Town of Fountain Hills Noise
Regulations," of which one paper copy and one electronic copy maintained in compliance with
ARIz. REV. STAT. § 44-7041 are on file in the office of the Town Clerk and open for public
inspection during normal business hours, is hereby declared to be a public record, and said
copies are ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, September 15, 2016.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
111/
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Andrew J. McGuire, Town Attorney
•
2730178.1