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PZ.2015.0409.Agenda
AIN POST ACTION AGENDA O� 7 � REGULAR MEETING NOTICE L. c 11 P,=` OF THE f b fhat is AC;i'ce, PLANNING AND ZONING COMMISSION Commission Members: Chairman Lloyd Pew and Vice-Chairman Mike Archambault Commissioners:Stan Connick,Howie Jones,Jeremy Strohan,Eugene Mikolajczyk, and Denise Ham Pursuant to A.R.S. 38-431.02,notice is hereby given to the members of the Fountain Hills Planning and Zoning Commission and to the general public that the Fountain Hills Planning and Zoning Commission will hold a regular meeting,which is open to the general public,on April 9,2015, 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,APRIL 9,2015 WHERE: TOWN HALL COUNCIL CHAMBERS 16705 E.AVENUE OF THE FOUNTAINS PROCEDURE FOR ADDRESSING THE PLANNING&ZONING COMMISSION Anyone wishing to speak before the Commission must fill out a speaker's card and submit it to the Commission Recorder prior to the Commission's discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Recorder's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Recorder or the Chairman. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Commission Members. Speakers' statements should not be repetitive. In order to conduct an orderly business meeting, the Presiding Officer shall keep control of the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts, applause,protests or other conduct that disrupts or interferes with the orderly conduct of the business of the meeting. Personal attacks on Commissioners, Town Council members, Town staff or members of the public are not allowed. Please be respectful when making your comments. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not(i) reserve a portion of their time for a later time or(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 POST ACTION AGENDA *sr * CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Lloyd Pew @ 6:30 p.m. * MOMENT OF REFLECTION—Chairman Lloyd Pew * ROLL CALL—Chairman Lloyd Pew 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. REGULAR AGENDA ITEM(S) (1) CONSIDERATION of APPROVING the meeting minutes of the regular meeting of the Planning and Zoning Commission dated March 12,2015. APPROVED (2) PUBLIC HEARING of Ordinance#2015-03, to amend a portion of the Official Fountain Hills Zoning Map from the R1-18, Single-Family Residential Zoning District to the R-3 Multi-Family Residential Zoning District in order to construct Palazzo Di Lusso, a 4-unit condominium project. Property is located at 11208 N. Indigo Drive (Plat 203, block 8, Lot 2). Case Number Z2014-06 NO ACTION (3) CONSIDERATION of Ordinance#2015-03, to amend a portion of the Official Fountain Hills Zoning Map from the R1-18, Single-Family Residential Zoning District to the R-3 Multi-Family Residential Zoning District in order to construct Palazzo Di Lusso, a 4-unit condominium project. Property is located at 11208 N. Indigo Drive (Plat 203, block 8, Lot 2). Case Number Z2014-06 APPROVED 6-1 (4) 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. NO ACTION (5) SUMMARY OF COMMISSION REQUESTS from Senior Planner. NO ACTION (6) REPORT from Senior Planner and Zoning Administrator, Planning and Zoning Division of Development Services. NO ACTION Planning and Zoning Commission Agenda Page 2 of 3 POST ACTION AGENDA (7)ADJOURNMENT @ 7:25 p.m. tir 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 D • ent. DATED this 261 day of April 2015 By: Robert Rodgers, Senior Planner Planning and Zoning Division 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 participal 'i 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 subject to such recording. Parents in order to exercise their rights may either file written consent with the Town Clerk to suc recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived." f L Planning and Zoning Commission Agenda Page 3 of 3 #1MNkl t c 0 t� REGULAR MEETING NOTICE z o 4.— " OF THE '� b 9lffhat is AYvti�r PLANNING AND ZONING COMMISSION Commission Members: Chairman Lloyd Pew and Vice-Chairman Mike Archambault Commissioners:Stan Connick,Howie Jones,Jeremy Strohan,Eugene Mikolajczyk, and Denise Ham Pursuant to A.R.S. 38-431.02, notice is hereby given to the members of the Fountain Hills Planning and Zoning Commission and to the general public that the Fountain Hills Planning and Zoning Commission will hold a regular meeting,which is open to the general public, on April 9,2015,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,APRIL 9,2015 WHERE: TOWN HALL COUNCIL CHAMBERS 16705 E.AVENUE OF THE FOUNTAINS PROCEDURE FOR ADDRESSING THE PLANNING&ZONING COMMISSION Anyone wishing to speak before the Commission must fill out a speaker's card and submit it to the Commission Recorder prior to the Commission's discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Recorder's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Recorder or the Chairman. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Commission Members. Speakers' statements should not be repetitive. In order to conduct an orderly business meeting, the Presiding Officer shall keep control of the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts, applause,protests or other conduct that disrupts or interferes with the orderly conduct of the business of the meeting. Personal attacks on Commissioners, Town Council members, Town staff or members of the public are not allowed. Please be respectful when making your comments. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not(i) reserve a portion of their time for a later time or(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 Lloyd Pew * MOMENT OF REFLECTION—Chairman Lloyd Pew * ROLL CALL—Chairman Lloyd Pew 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. REGULAR AGENDA ITEM(S) (1) CONSIDERATION of APPROVING the meeting minutes of the regular meeting of the Planning and Zoning Commission dated March 12,2015. (2) PUBLIC HEARING of Ordinance#2015-03,to amend a portion of the Official Fountain Hills Zoning Map from the R1-18, Single-Family Residential Zoning District to the R-3 Multi-Family Residential Zoning District in order to construct Palaz7o Di Lusso, a 4-unit condominium project. Property is located at 11208 N. Indigo Drive (Plat 203,block 8, Lot 2). Case Number Z2014-06 (3) CONSIDERATION of Ordinance#2015-03,to amend a portion of the Official Fountain Hills Zoning Map from the R1-18, Single-Family Residential Zoning District to the R-3 Multi-Family Residential Zoning District in order to construct Palaz7o Di Lusso, a 4-unit condominium project. Property is located at 11208 N. Indigo Drive (Plat 203,block 8, Lot 2). Case Number Z2014-06 (4) 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. (5) SUMMARY OF COMMISSION REQUESTS from Senior Planner. (6)REPORT from Senior Planner and Zoning Administrator, Planning and Zoning Division of Development Services. Planning and Zoning Commission Agenda Page 2 of 3 (7) ADJOURNMENT ii.,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 2th day of April 2015 By: obert Rodgers, Senior Planner Planning and Zoning Division 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 meet 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 such recording, or take personal action to ensure that their child or children are not present when a recording may be made. if a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have een waived." L Planning and Zoning Commission Agenda Page 3 of 3 ‘ '‘'/MNlilt TOWN OF FOUNTAIN HILLS o 44 3 X Planning and Zoning . ter 111111 . Board of Adjustment that is 01 AGENDA ACTION FORM Meeting Date: April 9, 2015 Meeting Type: Regular Agenda Type: Regular Submitting Department: Planning &Zoning Staff Contact Information: N/A REQUEST TO COMMISSION: Consideration of approving the Planning and Zoning Commission Regular meeting minutes from March 12, 2015. Applicant: N/A Applicant Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01 Staff Summary (background): Approval of the Planning and Zoning Commission Regular meeting minutes from March 12, 2015. 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 and Zoning Commission Regular meeting minutes dated March 12, 2015, as presented. Attachment(s): Submitted by: itiee Yaafer April 2, 2015 Name/Title Date 4ppr ve b tar ober odgers, Senior Planner D e Page 1 of 1 l TOWN OF FOUNTAIN HILLS ke 3 n Planning and Zoning Board of Adjustment 9„ that ..ii.00 AGENDA ACTION FORM Meeting Date: March 25, 2015 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 #15-03, to amend a portion of the Official Fountain Hills Zoning Map from the R1-18, Single-Family Residential Zoning District to the R-3 Multi-Family Residential Zoning District in order to construct Palazzo Di Lusso, a 4-unit condominium project. Property is located at 11208 N. Indigo Drive (Plat 203, Block 8, Lot 2). (Case #Z2014-06) CONSIDERATION of Ordinance #15-03, to amend a portion of the Official Fountain Hills Zoning Map from the R1-18, Single-Family Residential Zoning District to the R-3 Multi-Family Residential Zoning District in order to ^onstruct Palazzo Di Lusso, a 4-unit condominium project. Property is located at 11208 N. Indigo Drive (Plat )3, Block 8, Lot 2). (Case #Z2014-06) Applicant: Paul I. Rogers, Jr., The Trapezium Consulting Group, LLC Applicant Contact Information: 7898 E. Acoma Drive Ste 100 Scottsdale, AZ 85260 (480) 483-1500 Property Location: 11208 N. Indigo Drive, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance Chapter 2, Section 2.01 Amendments or Zone Changes Fountain Hills Zoning Ordinance Chapter 10—Single-Family Residential Zoning Districts Fountain Hills Zoning Ordinance Chapter 11 — Multi-Family Residential Zoning Districts Town of Fountain Hills General Plan, 2002 Staff Summary (background): The "Palazzo Di Lusso" is a 4-unit luxury condominium project proposed to be built at 11208 N. Indigo Drive. The property is 1.24 acres in size and is located at the southwest corner of Indigo Drive and Emerald Drive and is currently zoned R1-18, single-family residential. The applicant is requesting that the property be rezoned to R-3, multi-family residential, similar to adjacent properties which have previously been developed as condominiums. The proposed 4-unit condominium project consists of one two-story building with four condominiums. Parking Jr residents is provided via an underground garage. Visitor parking is provided via a surface lot near the front entrance to the building facing Indigo Drive. Vehicular access is via a gated circular driveway off Indigo Drive. Page 1 of 3 Palazzo Di Lusso GENERAL PLAN This property is in the somewhat unique situation of currently being zoned for single-family residential use hile having a General Plan designation of multi-family residential use. The current R1-18 zoning is not consistent with the Fountain Hills General Plan's Land Use Plan which currently identifies the subject property as Multi-Family/Medium. This General Plan designation would allow for between 4-10 dwelling units per acre. As such the proposed re-zoning to R-3 would bring the property into conformance with the General Plan. Risk Analysis (options or alternatives with implications): Approval will rezone the property to R-3, bring the property into compliance with its General Plan designation, and allow the construction of a 4-unit condominium development on the property. Denial of the rezoning will require that the applicant either construct a single-family residence only on the property or, redesign the proposal to address the reasons for denial. Fiscal Impact (initial and ongoing costs; budget status): None Recommendation(s): NA Staff Recommendation(s): Staff recommends that the Planning & Zoning Commission forward a recommendation to the Town Council to approve the proposed rezoning subject to the stipulations outlined below: 1. The applicants shall submit Site Improvement Plans that are in substantial conformance with the proposal outlined in this report. 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. 2. 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 & Zoning Administrator. 3. The applicants shall submit plans showing any and all notes and revisions required by this decision to the Planning & Zoning Administrator 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. 4. Prior to the issuance of a Certificate of Occupancy, the applicants shall comply with the requirements noted in the Fountain Hills Sanitary District's review memo dated December 9, 2014 or as subsequently amended (attached). 5. Prior to the issuance of a Certificate of Occupancy, the applicants shall comply with the items noted in the Fountain Hills Fire Department's review memo dated 12/4/ 2014 or as subsequently amended (attached). 6. Prior to the issuance of a Certificate of Occupancy, the applicants shall comply with the items noted in the Fountain Hills Town Engineer's memorandum of 3/9/2015/. (attached) 7. 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. Page 2 of3 Palazzo Di Lusso SUGGESTED MOTION: 'ove to forward a recommendation to Town Council to Approve Ordinance #15-03, the proposed rezoning of property at 11208 N. Indigo Drive from R1-18 to R-3 as presented and subject to the stipulations outlined in the staff report. Attachments: 1. Application 2. Applicant's Narrative (4 pgs) 3. Development Plan & Building Elevations (7 pgs) 4. Draft Ordinance#15-03 5. 12/9/2014 Fountain Hills Sanitary District Letter 6. 12/4/14 Fountain Hills Fire Department Letter 7. 3/9/15 Town Engineer Memo 8. General Plan, Land Use Plan Exhibit 9. Current Zoning Map Exhibit 10. Misc. Correspondence Received Submitted by: Robert Rodge s v.? 3/25/2015 tow Name/Title Date Approved by: Dev opm nt Services Director Date Page 3 of 3 ��`t 4.IN Ai,. DO Not write in this space—official use only '4.7 ;`" -f Filing Date Z 2. i • o; Accepted By o le-Ca.. a Fee Accepted 5.Uo &* ��= ��� °t� .. ` Case Manager eed 9,i ..___......p-'," 'hat is Nevi' 4q?000.00 6A" a000.06 n i . ( 1) z`�"`�" s°° The Town of Fountain Hills i _ a9S. a� da..,h.'. 5-9X , oo PLANNING & ZONING DEPARTMENT - APPLICATION Z2014-05 (M5428) LUBITZ Abandonment(Plat or Condominium) Palazzo di Lusso Area Specific Plan &Amendments 11208 North Indigo Drive Condominium Plat Plat 203, Blk 8, Lot 2 Development Agreement 1st Submittal - 12/2/2014 General Plan Amendment uralnance CAL MI ICI lul IL) Planned Unit Development Preliminary/ Final Plat ±± Replat (Lot joins, lot splits, lot line adjustments) I 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: Palazzo di Lusso/Luxury Apartments 14Ir, LEGAL DESCRIPTION: la Warne Final Plat No.203 Block 8 Lot 2 PROPERTY ADDRESS:� ii8igo Dnve,Fountain Hills,Arizona 85268 PARCEL SIZE (Acres)1.24 ASSESSOR PARCEL NUMBER 178-07-279 NUMBER OF UNITS PROPOSED TRACTS4 EXISTING ZONING R1-18 PROPOSED ZONING R-3 A licant Mrs. Day Phone Mr. Ms. Address: City: State: Zip: Email: Owner . ( Mrs. Bruce F.Lubitz ZZe .3 Day Phone 480-968-7767 ✓ Mr. Ms. Address: 2722 W.Carla Vista Dr. City: Chandler State: AZ Zip: 85224 If application is being submitted by someone other than the owner of the p under consideration,the section below must be completed. SIGNATURE OF OWNER S DATE l/' ? ^ t y I HEREBY AUTHORIZE 0 FILE THIS APPLICATION. Please Print Subscribed and sworn before me this day of , 20 My Commission Expires I Who, Notary Public MUNIS 5`f 8 APPLICATION # 220/4—O � PALAZZO DI LUSSO PROJECT NARRATIVE Zoning Request This submittal is a rezoning request for a 1.24-acre parcel of land located at 11208 North Indigo Drive in Fountain Hills,Arizona to change the existing R1-18 zoning to R-3. Approval of this application will fulfill the objectives and requirements of the Fountain Hills Zoning Ordinance and secure the successful establishment of an R-3 district for the Palazzo di Lusso project, allowing for compatible and complimentary residential development adjacent to the existing Emerald Mesa and Kings Tree Village R-3 multifamily developments found in the same neighborhood block. Project Description Our country is experiencing a rapid growth of retiring baby boomers age 55 and older. With this growth of baby boom seniors, Arizona continues to be a popular place to retire amid an array of desirable amenities and a pleasant climate. The Palazzo di Lusso project is targeted at an affluent subset of this expanding market demographic. The target market for this project has been identified as high net worth individuals currently with large homes,many of which have raised large families,who are now seeking to retire. They no longer want the burden of home ownership, but do not wish to compromise their lifestyle and downsize to a small casita or townhome environment with only 1,200 or 1,300 square feet of living space. They wish to continue to experience a comfortable and spacious place of residence where family can visit and stay without feeling confined, and be free of the concerns of property management and maintenance matters. Palazzo di Lusso, translated as"Palace of Luxury",will provide the curb-side appeal and image of luxury of a large single-family Mediterranean-style mansion,but in reality will consist of four spacious luxury apartments. The project will be configured as a two-story building with two apartments up and two apartments down,with basement parking for eight autos and storage lockers for each tenant. The building entrance opens to a grand two-story lobby with elevator service to the basement and second floor and a concierge station. There will be two gated entry points to the site with a 3' 6" masonry fence running along the front of the project facing North Indigo Drive and along the side property facing Emerald Drive. In addition, there will be view fence along the rear of the project facing the McDowell Mountains to the northwest,with privacy fence running along the southwest side property boundary facing an adjacent vacant lot. Each luxury apartment unit will consist of 2,700 square feet of living space, • including a spacious kitchen with luxurious finishes and appliance package, dining February 4, 2015 Z2014-05 (M5428) LUBITZ age 1 Palazzo di Lusso 11208 North Indigo Drive Plat 203, Blk 8, Lot 2 2nd Submittal 2/10/2015 • room,large living room, den/study,powder room, three generous bedroom suites (including Master) each with a full bath and walk-in closet,laundry room, and storage/mechanical room. In addition, each apartment will have a 345 square foot patio or balcony with wet bar and connection to a private rear yard space. The project developer,Palazzo di Lusso LLC, currently controls a 1.24-acre property located at 11208 North Indigo Drive in Fountain Hills,Arizona. (See Aerial Photo below) The site is relatively flat with steep downward slopes along the northwest and northeast edges of the property and has tremendous views sweeping from the northwest around to the north and then to the east. The site is situated within a larger block of all multifamily development projects at the east corner of Fountain Hills Drive and Kingstree Boulevard. Single family homes are located across North Indigo Drive to the southeast and across East Emerald Drive to the northeast,which falls away from the site in a northwesterly direction. f PROJECT-� SITE 9f. 4 T * February 4, 2015 Page 2 • 110 Given the street and topographic configuration of the site, the project building is most appropriately oriented to face North Indigo Drive. The majestic front elevation of the project will have the appearance of a large stately mansion that will complement the single family homes located across North Indigo Drive and East Emerald Drive. This four-unit apartment complex will also serve as a perfect transition project from the denser multifamily projects (northwest and southwest) to the single family homes (northeast and southeast). The site is currently zoned R1-18 with a General Plan designation of MF/M Multi- Family Medium having a target density of 4-10 dwelling units per acre. Based on the 1.24 acre project site, the resulting density for Palazzo di Lusso is calculated to be 3.2 DU/AC. There are two multifamily developments within the same block which include Emerald Mesa, a 23 unit condominium project located to the northwest, and Kings Tree Village, a 40 unit condominium project located to the southwest. Each of these projects are zoned R-3 with densities of 13.8 DU/AC and 11.1 DU/AC respectively. Utility Service and Traffic Impacts There are currently existing 6" water mains in the streets, operated by the EPCOR Water Company. There does not appear to be a tap available to the site,so a formal ID request will be made for new service. It is anticipated that either a single 1-1/2 inch service connection, or two separate smaller service connections (one for the building and one for irrigation)will be required for the Palazzo di Lusso project. No new water system improvements are anticipated in order to serve the needs of the project. A new water tap to serve the building fire sprinkler system will be constructed and a new fire hydrant will be installed in front of the property. The International Fire Code (IPC) requires a fire flow of 3,750 gallons per minute (gpm) for buildings between 18,001 and 20,600 square feet using Type V-B construction. The IPC allows a 75% reduction in fire flow for sprinklered buildings with a minimum fire flow of 1,500 gpm. The fire flow for Palazzo di Lusso will be 1,500 gpm. The existing water system is able to provide 1,500 gpm. There is an existing 6-inch sanitary sewer service tap available to the subject property,operated by the Fountain Hills Sanitary District. This sewer size is more than adequate to handle the wastes that will be generated by the project. No new sanitary system improvements are anticipated in order to serve the needs of the project. Fountain Hills Sanitary District will not require a separate tap for each apartment unit. Proposed access to the project will be via two curb cuts onto North Indigo Drive. Each entry will be gated and equipped with a keypad station. Traffic generated from the project will have a negligible impact on the local street systems. No new February 4, 2015 Page 3 street system improvements are anticipated in order to serve the needs of the project. A 5' wide concrete sidewalk will be constructed along the property frontage on Indigo Drive. February 4, 2015 Page 4 • .. „„ ,N�Is�a,w�r——. A v eegs�ano�ueld an 0,, ' O_ll_ L, � eowexva ir ZY'SII n!elunod`enpa 00!Pol N 80Zll ° ,!,,dw31YN,M ®§ e aaoHvwaoaaaa waoawl a>Haroeaxa ossn�1p oeled a ao��'aoxo ox � sxoo izadvxt ai- • ffi • Z a J g z al o N 111111 c 3 g E pgm tY tY clV r! O ig 9,01 E ¢ m1n ° Twijow - 0 mat w3a<SNH Z �°oo�& 7 u EiPH� om„ ilHoW 4 rP �sm as < E au P �mee awLIVil iVF ? 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Sc:b,c's''i .4 .M ;rrr,,rr rr,'',/iM , 1p.AA ' % x - �opUrr / n/ r/1 ♦ 6 l.. r /:1 O ' es .FS.�. ,,,� ri,,/l4 KI ,O /- ur „) /, \/, /d,ll,,,I,,e,r13••fir/� e ` —, `Y r Irliiiirir�lilgii '' ® C\� A40, � g g ,/r R /Z- /Il• ,rr'1!�IIII t41.1 III1^ " ` / , -h R /�- 7 I4 1[i I • 0 �/' L `..Fx �3. 54,6119 taoPUA£.O0 P.A.b..o4...1 P e:ZPd Y11110d\d.1”.1 ORDINANCE NO. 15-03 Ler AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS OFFICIAL ZONING DISTRICT MAP FOR APPROXIMATELY 1.239 ACRES GENERALLY LOCATED AT THE SOUTHWEST CORNER OF INDIGO DRIVE AND EMERALD DRIVE AS SHOWN IN CASE NO. Z2014-05, FROM R1-18 (SINGLE-FAMILY RESIDENTIAL) TO R-3 (MULTI- FAMILY RESIDENTIAL). WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") desires to amend the Town of Fountain Hills Official Zoning District Map (the "Zoning Map") pursuant to ARIZ. REV. STAT. § 9-462.04, to change the zoning description for an approximately 1.239 acre parcel of real property from R1-18 (Single Family Residential) to R-3 (Multi-Family Residential) (the "Zoning Map Amendment"); and WHEREAS, the Zoning Map Amendment proposed by this Ordinance is consistent with the Fountain Hills General Plan 2010, as amended by GPA2013-01, approved by the Town Council on May 1, 2014; and WHEREAS, all due and proper notices of public hearings on the Zoning Map Amendment to be held before the Town of Fountain Hills Planning and Zoning Commission(the "Commission") and the Town Council were given in the time, form, substance and manner provided by ARIZ. REV. STAT. § 9-462.04; and WHEREAS, the Commission held a public hearing on April 9, 2015, on the Zoning Map Amendment, after which the Commission recommended approval; and WHEREAS, The Town Council held an additional public hearing regarding the Zoning Map Amendment on May 7, 2015. 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 approximately 1.239 acre parcel of real property generally located at the southwest corner of Indigo Drive and Emerald Drive, as shown in Case No. Z2014-05, as more particularly described and depicted on Exhibit A, attached hereto and incorporated herein by reference, is hereby rezoned from R1-18 (Single-Family Residential) to R-3 (Multi-Family Residential), subject to the Town's adopted codes, requirements, standards and regulations, and the following stipulations: 1. The applicants shall submit Site Improvement Plans that are in substantial conformance with the Town-approved proposal included in the Town's official records for Case No. 2014-05 (the "Case File"). All utilities and drainage features 2322378.1 Cor 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. 2. No occupancy permit shall be issued prior to the completion of all approved (as shown in the Case File) site improvements. Said improvements must be approved by both the Town Engineer and the Planning & Zoning Administrator. 3. The applicants shall submit plans showing any and all notes and revisions required by this decision to the Planning & Zoning Administrator 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. 4. Prior to the issuance of a Certificate of Occupancy, the applicants shall comply with the following: A. The requirements noted in the Fountain Hills Sanitary District's review memo dated December 9, 2014, or as subsequently amended (included in Case File). B. The items noted in the Fountain Hills Fire Department's review memo dated December 4, 2014, or as subsequently amended (included in Case File). C. The items noted in the Fountain Hills Town Engineer's memorandum of March 9, 2015 (included in Case File). 5. No site work or construction activities may be undertaken during the 30-day period following approval of this Ordinance. SECTION 3. If any provision of this Ordinance is for any reason held by any court of competent jurisdiction to be unenforceable, such provision or portion hereof shall be deemed separate, distinct and independent of all other provisions and such holding shall not affect the validity of the remaining portions of this Ordinance. 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 Ordinance. [SIGNATURES ON FOLLOWING PAGE] C 2322378.1 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, May 7, 2015. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M, Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney C C 2322378.1 EXHIBIT A TO ORDINANCE NO. 15-03 [Legal Description and Map of the Property] • See following pages. • L 2322378.1 LEGAL DESCRIPTION Fountain Hills Arizona Final Plat No. 203, Lot 2, Block 8, as recorded in Book 149, Page 29, Records of Maricopa County Recorder, Maricopa County, Arizona, being a portion of Section 22, T. 3 N., R. 6 E. of the G. & S. R. B. & M., Maricopa County , Arizona. 2322378.1 • TOWN OF FOUNTAIN HILLS REZONING (R1-18 TO R-3) EXHIBIT "A" FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 203, BLOCK 8, LOT 2 F�\ 29 c---Y-. ,(§S i-ri ,., \" (T �6 7 G •>>• BLOCK 8 A =85'35'19" ( LOT 2 R = 20.00' L = 29.88' = AREA = 54,384 SF APN 176-07-279 O ry / N65. = 2,39�61S•, / N 11 W -°1- E No / 1 0 30' 60' / MAP BASED ON FOUNTAIN HILLS ARIZONA, FINAL PLAT NO. 203, AS ORIGINALLY RECORDED ON MAY 9, 1972, BOOK 149 OF MAPS, PAGE 29, SCALE: 1' = 60' RECORDS OF MARICOPA COUNTY, ARIZONA, BEING A PORTION OF SECTION Illii 14,15,22 & 23, T. 3 N., R. 6 E. OF THE GILA AND SALT RIVER BASE AND DATE: 2-25-15 MERIDIAN, MARICOPA COUNTY, ARIZONA. I O�lyTA1N�,t t FOUNTAIN HILLS SANITARY DISTRICT 16941 E. PEPPERWOOD CIRCLE FOUNTAIN HILLS, AZ 85268-2901 Cw. AR IS�`k~G TELEPHONE: 480-837-9444 FAX: 480-837-0819 Y D www.az-fhsd.gov DATE: December 9, 2014 MEMO TO: Bob Rodgers Town of Fountain Hills o'1/4ioJo'� �� '� eye r FROM: Chris Kiriluk RE: Subdivision Technical Review fey Palazzo di Lusso 11208 N. Indigo Drive Case No. Z2014-05 First Submittal I have reviewed the above referenced submittal for conformance with District requirements and have the following comment: 1. Sewer user fees for all units must be billed to and paid for by a single entity. /cdk cc: Palazzo di Lusso L.L.C. 11832 E. Clinton Street Scottsdale, AZ 85259 Contact: Bruce Tully Trapezium Consulting Group L.L.C. 7898 E. Acoma Drive, Suite 100 Scottsdale, AZ 85260 Contact: Paul Rogers, P.E. Hazel Cunningham fir.. °�1",l Fountain Hills Fire Department Office of the Fire Marshal Dave Ott, Assistant Chief w I • 16705 E. Avenue of the Fountains ai'�� ° Fountain Hills, AZ 85268 (480) 816-5114 Fax (480) 837-6167 P & Z Review 12/4/14 RE: Z2014-05 (M5428) The proposed R-3 Multi-family project will require: Fire sprinklers required in the dwelling units, covered patios and garage. Porte-cochere minimum clear height 13'6" Gates to have Knox key and pre-emption 1 ea. Fire Hydrant installed on site C Pilazzo di Lusso—Recommended Stipulations TOWN OF FOUNTAIN HILLS INTER OFFICE MEMO TO: Robert Rodgers, AICP/Senior nner DATE: 3-9-15 CC: Paul Mood, PE/DS Director FR: Randy L. Harr , , CF M RE: Palazzo di Lusso; 11208 N. Indigo Dr. Town Engineer 1 Plat 203,Block 8, Lot 2 �� Rezoning Appl. Z2014-05 Engineering recommends the following stipulations for the rezoning of this property: • Landscape/irrigate/maintain all non-hardscape, frontage right-of-way areas, similar to the adjacent on-site landscape areas. • Set all property corners. • Provide adequate screening, paint, or provide other acceptable aesthetic treatment for all backflow preventers, above-ground utility structures, etc. within the frontage right-of- way and both street setbacks. Other technical comments on the applicant's plans have been provided to the applicant for use in preparing the building permit plans. L 0 •FM ._,_. co cll z� E en o 7 Cca '0 c co _,0 1¢ 1 - 1 10 o -8 o b= .c ® 8 -,,Ti 0 U 1� c cam, --' _-a1, 0 �o 1 ® 0 1 -0 en -a-' Ts N `-' CO �0 `u� �N J U) CL 1 1 1. C. N C " �lO N LLN IL- LLF I7' L 1 , D ' 1 , 1 (/) Q ® 0 c 0 1 W 9 ri • /711 ‘ . \ l ! / / r',,/ �/ —1,+ , ,/ t, 1 , \ s �,�. \..\ ..\//i i .,..\\ \\1/4..„(T" . \ % ,,://"..-......-..-.....-'-'"--....------..--.. \'''') N.„ 11 ‘:**4.\\Nt \\*-\)\-e- ...-. i k \ \ 1\,,ss,) , . ,.., -.... Z' 4. tt V.„.e: _, :))- , \\\N, .,-.---1----)_....\ i r( 1 1\\\.,.. i - 1 , k, 1 1 ;; -j ' �-- i l ` f \ \ %' ;fir 1 a-- �� 1 �1 � x „A>_, _.. R143,,- .., //'----4•-,/ / -\/- . '-' / 7---\.. \ ',,----- ' _ / �• 1 �� Property Location f .,--:•,-;(.:,, . . , ---- . ,. .,,i',,-**0..„ ,/,/ ---; ' .._•.-.;,,,:.. \ \ i 1 . 7-,.- -1,',. • ,C.--jiy-r>, : ...."-- .-A \ TT F-7-11L-77/ i ' 77-71 - r T- i 17-7- < � it \`r-----1 ..fir / ,, _� f Town of Fountain Hills Partial Zoning Map Exhibit March 23, 2015 03-24-1 5 P01 : 00 RCVD James A Moores & Shirley A Stewart 11022 North Indigo Drive, Unit 123 Fountain Hills, AZ 85268 Dear Zoning Committee Members: Re: Rezoning for the property located North West corner of Indigo and Emerald Drives Fountain Hills, AZ ( 176- 07 279 ) This letter is being written with concerns regarding the Rezoning Application for the above property from Single Family to Multiple family use. We are unable to attend to rescheduled meetings. We would have attended the meeting scheduled for March to voice our concerns with the increased density. The existing single family residence zoning would not have affected us nearly as much as the proposed rezoning application. (16 Our concerns are as follow: 1. A 30-40 foot high building will certainly block the view of the Fountain and Mountains for units 121-132; 2. These were our main reasons for purchasing this unit. A restriction on the height to 15 to 20 feet above existing grade would be more advantageous for the 10 units affected by this rezoning. This property has little to no vegetation and has been • altered either by fill or leveled in the past. Thank you presenting this letter to Planning Committee and Council with our concerns. Sincerely; J A Moores & S A Stewart