HomeMy WebLinkAboutOrd 2008-02 ORDINANCE NO. 08-02
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE OFFICIAL ZONING
DISTRICTS MAPS OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, BY
AMENDING THE ZONING DESIGNATION OF + 18.44 ACRES OF LAND
LOCATED AT THE SOUTHEAST AND SOUTHWEST CORNERS OF
AVENUE OF THE FOUNTAINS AND VERDE RIVER DRIVE FROM "C-2"
COMMERCIAL ZONING DISTRICT TO "TCCD" TOWN CENTER
COMMERCIAL ZONING DISTRICT.
WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance No. 93-22, on
November 18, 1993, adopting the Zoning Ordinance for the Town of Fountain Hills (the "Zoning
Ordinance"); and
WHEREAS, Chapter 2, Procedures, Section 2.01, Amendments or Zone Changes, of the
Zoning Ordinance establishes the authority and procedures for amending the zoning district
boundaries; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIz. REV. STAT.
§ 9-462.04, public hearings were advertised in the December 19, 2007 and December 26, 2007
editions of the Times of Fountain Hills; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on January 10, 2008, and by the Mayor and Council of the Town of Fountain Hills
on January 17, 2008.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the "Official Zoning District Maps," codified in Chapter 3 of the
Zoning Ordinance, are hereby amended to change the Zoning District designation of ±18.44
acres of land located at the southeast and southwest corners of Avenue of the Fountains and
Verde River Drive, as more particularly described on Exhibit A and depicted on Exhibit B, both
attached hereto and incorporated herein by reference, from "C-2" Commercial Zoning District to
the "TCCD" Town Center Commercial Zoning District.
SECTION 2. 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.
[SIGNATURES ON FOLLOWING PAGE]
796478.2
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
thire Arizona, February 7, 2008.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
e Titt. OV111,r
W. Nic ls, Mayo evelyn J. Ben r, wn Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kathleen . Zanon, Interim Town Manager Andrew J. McGuire, Town Attorney
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796478.2
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EXHIBIT A
TO
ORDINANCE NO. 08-02
[Legal Description of the Property]
See following pages.
Clire
796478.2
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Exhibit A
DOWNTOWN REZONING (C-2 TO TCCD)
A portion of Fountain Hills Arizona, Final Plat No. 208, as originally recorded on November 30,
1971 in Book 144, Page 4, including portions replotted as"A Final Replat of Block 2, Plat No. 208"
(Book 615, Page 48, MCR 2002-1320205) and as "A Final Replat of Block 7, Plat No. 208" (Book
615, Page 49, MCR 2002-1320289) and of the records of Maricopa County, Arizona, and situated
in Sections 14 & 15, Township 3 North, Range 6 East of the Gila and Salt River Base and •
Meridian, Maricopa County,Arizona, more particularly described as follows:
Commencing at the centerline intersection of Avenue of the Fountains and Verde River Drive of
said Final Plat No. 208;
Thence south 20 degrees 38 minutes 08 seconds west, a distance of 36.00 feet to the TRUE
POINT OF BEGINNING;
Thence south 69 degrees 21 minutes 52 seconds east,a distance of 952.00.00 feet;
Thence south 20 degrees 38 minutes 08 seconds west, a distance of 208.00 feet to a point being
on the westerly right of way of Saguaro Boulevard and the most northeasterly corner of Lot 4,
Block 7, Final Re-Plat No. 208, as recorded on December 10, 2002 in Book 615, Page 49 of the
records of Maricopa County, Arizona, Township 3 North, Range 6 East of the Gila and Salt River
Base and Meridian, Maricopa County,Arizona;
Cov Thence departing said westerly right of way north 69 degrees 21 minutes 52 seconds west, a
distance of 370.00 feet; •
Thence south 20 degrees 38 minutes 08 seconds west, a distance of 464.00 feet to the southerly
right of way of Paul Nordin Parkway (formerly known as Stewart Vista Avenue) of said Final Re-
Plat No. 208;
Thence westerly along said right of way north 69 degrees 21 minutes 52 seconds west, a distance
of 518.78 feet to the beginning of a tangent curve concave southerly and having a radius of 60.00
feet;
Thence along the arc of said curve through a central angle of 31 degrees 47 minutes 23 seconds,
an arc length of 33.29 feet to a point of reverse curve concave northerly and having a radius of
60.00 feet; •
Thence along the arc of said curve through a central angle of 31 degrees 47 minutes 23 seconds,
an arc length of 33.29 feet;
Thence south 65 degrees 38 minutes 08 seconds west, a distance of 138.03 feet;
Thence north 69 degrees 21 minutes 52 seconds west, a distance of 333.40 feet;
Thence north 20 degrees 38 minutes 09 seconds east, a distance of 787.60 feet;
Thence south 69 degrees 21 minutes 52 seconds east, a distance of 431.00 feet to the TRUE
POINT OF BEGINNING;
This rezone contains an area of 18.44 acres more or less.
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Exhibit A
DOWNTOWN REZONING (C-2 TO TCCD)
A portion of Fountain Hills Arizona, Final Plat No. 208, as originally recorded on November 30,
1971 in Book 144, Page 4, including portions replatted as"A Final Replat of Block 2, Plat No. 208"
(Book 615, Page 48, MCR 2002-1320205) and as "A Final Replat of Block 7, Plat No. 208" (Book
615, Page 49, MCR 2002-1320289) and of the records of Maricopa County, Arizona, and situated
in Sections 14 & 15, Township 3 North, Range 6 East of the Gila and Salt River Base and
Meridian, Maricopa County,Arizona, more particularly described as follows:
Commencing at the centerline intersection of Avenue of the Fountains and Verde River Drive of
said Final Plat No. 208;
Thence south 20 degrees 38 minutes 08 seconds west, a distance of 36.00 feet to the TRUE
POINT OF BEGINNING;
Thence south 69 degrees 21 minutes 52 seconds east,a distance of 952.00.00 feet;
Thence south 20 degrees 38 minutes 08 seconds west, a distance of 208.00 feet to a point being
on the westerly right of way of Saguaro Boulevard and the most northeasterly corner of Lot 4,
Block 7, Final Re-Plat No. 208, as recorded on December 10, 2002 in Book 615, Page 49 of the
records of Maricopa County, Arizona, Township 3 North, Range 6 East of the Gila and Salt River
Base and Meridian, Maricopa County,Arizona;
Thence departing said westerly right of way north 69 degrees 21 minutes 52 seconds west, a
distance of 370.00 feet;
Thence south 20 degrees 38 minutes 08 seconds west, a distance of 464.00 feet to the southerly
right of way of Paul Nordin Parkway (formerly known as Stewart Vista Avenue) of said Final Re-
Plat No. 208;
Thence westerly along said right of way north 69 degrees 21 minutes 52 seconds west, a distance
of 518.78 feet to the beginning of a tangent curve concave southerly and having a radius of 60.00
feet;
Thence along the arc of said curve through a central angle of 31 degrees 47 minutes 23 seconds,
an arc length of 33.29 feet to a point of reverse curve concave northerly and having a radius of
60.00 feet;
Thence along the arc of said curve through a central angle of 31 degrees 47 minutes 23 seconds,
an arc length of 33.29 feet;
Thence south 65 degrees 38 minutes 08 seconds west, a distance of 138.03 feet;
Thence north 69 degrees 21 minutes 52 seconds west, a distance of 333.40 feet;
Thence north 20 degrees 38 minutes 09 seconds east, a distance of 787.60 feet;
Thence south 69 degrees 21 minutes 52 seconds east, a distance of 431.00 feet to the TRUE
POINT OF BEGINNING;
This rezone contains an area of 18.44 acres more or less.
r EXHIBIT B
TO
ORDINANCE NO. 08-02
[Map of the Property]
See following pages.
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796478.2
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TOWN OF FOUNTAIN HILLS
DOWNTOWN REZONING
Exhibit "B11
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TOWN-OWNED PARCEL Q=31'47239' �\ \'�. `''�.�� �,i ��/
NCR 2003-0047706 R=60.29' ``\'•�, , - ' y i- m
L=33.29' ,� _o /0 /
VILLAGE AT TOWN CENTER CONDOS `'�-
(BOOK 680, PAGE 32 7 I 1
MCR 2004-0406013) ,'
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SCALE:1'=250'
DATE 1-3-013 -
MAP BASED ON f00NTAH HILLS ARIZOHA, 1.
FINAL PLAT 208,HOOK 146 PACE 4
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Michael a Domes
‘Ilv Architect
i 6616 E.Palisades Blvd,Unit 0104
Fountain Hilts,Az 85268
United States
Phone(480)837-6129
Fax(480)817-9580 I
Cell(480)285-7143
Email msdOwnes@earthlink.net
Jan.4,2008 e 1/
/14/V A
Town of Fountain Hills " zos
16705 E.Avenue of the Founininn PiA ivi veluary
Fountain Hills,Az 85268 .
zoililie
Att:Mt Richard Turner
Zoning Administrator
RE:Rezoning and Zoning Ordinance revisions for TCCD Zoning
Dear Mr. Turner:
Please place a copy of this letter in each Planning Commissioners packet for the
Cw Commission meeting of Jan. 10,2008.Thank you.
To: All Planning and Zoning Commission Commissioners.
From:Michael Downes
RE: Rezoning request for Downtown area from C-2 to TCCD.
Revisions to TCCD Chapter 18 of the Zoning Ordinance.
Note:Please excuse the length of this letter. Unfortunately,I felt that there
were a number of items to comment on.
In regards to the above-mentioned zoning issues, let me first unequivocally
state that I believe that every citizen of the Town of Fountain Bills would like to
see the Downtown centerh :operty developed. That includes myself,the staff;the
Commission,the Council, and the developer.The only question that arises is how .
it is to be developed and hen it is to be Oeveloped.The Developer tkas requested
Council to rezone the pro erty to TCCDizoning, and then to revise the TCCD
zoning to accommodate : plans for development. Council,in turn,has sent the
requests to you for your c mments and recommendations.I'm certain that all of
you will accept your responsibility asA Commissioner and be as objective as
possible in you recommendations.
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Exhibit "A"
REZONING PROPOSAL
(row The Developer is requesting that the Town rezone the land to TCCD,the
Town Center Commercial District, from its present zoning of C-2, the
Intermediate Commercial Zoning District.
I. It appears that the TCCD district is more restrictive than the C-2
district with regard to front yards(20 feet for TCCD, 10 feet for C-2), street side
yards(20 feet for TCCD, 0 feet for C,2), and rear yards(20 feet for TCCD, 0 feet
for C-2). MI other requirements relative to height,lot coverage, distance between
buildings, and parking are essentially the same.
2. Inasmuch as the TCCD zoning is more restrictive,I can't see any
reason why we should not approve this rezoning as quickly as possible_ Certainly
the Town hai much more control Over a development in the TCCD zone than we
do in the C-2 zone.Look at landscape,sign, and design requirements.
3. So the question begs itself,why would a developer want to change
to a significantly more restrictive zone?The answer lies in the next item agenda- •
revising the TCCD zone requirements. As of this moment,this is the last piece of
property that can be rezoned to TCCD. So, if this is the last piece of property,it
would be easier for the developer to rezone this piece of property to TCCD and
then change the requirements ofthe TCCD zone to meet or exceed the C-2
requirements in whatever fashion he wants in order to meet his specific needs
4. The TCCD zone was instituted years ago to regulate what the
kw Town wanted for our Downtown area. Those wants have not changed. The
Downtown area is supposed to be an airy,pedestrian,oriented, commercial center
which should be like a social town center. The 20 foot setbacks and other
requirements are more in keeping with that reasoning.
5 I, personally, see no reason to object to the rezoning to TCCD, as
long as everyone understands the required regulations which is necessary for the
TCCD zone.
REVISIONS TO TIM TCCD ZONE REOULATIONS
The Developer is requesting several changes to the requirements of this
zone. Essentially,those changes are: 1.front, street side, and rear yards:2.Height
requirements for all buildings with special height requirements for theaters; 3.
variations to our parking ordinance, Chapter 7,with anew Section 18.11.1
amended to the TCCD zone, Chapter IS,to accommodate a"Shared Parking"
standard.
I. Yard Revisions.
A. The yard revisions requested by the change allows for zero
setbacks. Even the C-2 zoning requires a 10 foot setback. Allowing a zero setback
will make the buildings appear very close to the street and effect the streetseape on
(hior
Avenue of the Fountains and Saguaro Boulevard. This is not the effect that the
Cow citizens of the Town want in our Downtown area.
B. The Developer has not shown us(up to now) any scaled
conceptual plan of this area so as to indicate WHY he is requesting this change.
2.Building Height.
A. The building height in the TCCD zone is 30 feet,with special
permission by the Commission and Council,up to 40 feet. The Developer is not
showing us why he needs 40 feet, so I would have to assume it is because of the
mixed use multiple family above the commercial uses below. However, the
Commission has already approved several mixed-uses of this type,most notably in
Fowl .tainside Plaza.That building has retail on the first floor,with 3 N.ple family
on the second and third floor. It also has some raised underground parking. And
yet,that building was required to meet the 40 foot height restriction. Why should
we allow this Developer 42 feet?I'm sure he can reduce his height to 40 feet if he
works at it. Even the three-story Holiday Inn hotel is 39 feet high.
B. The Developer is also looking for a height variance for the movie
theater to 46 feet. Again, he has not shown us why.However,the best way to
determine the height of movie theaters is to see other theaters in the area.
1. The Harkins Theaters on Shea and 74tb.Street is basically a
36 foot high structure. With architectural features which include a large gable roof
over the entry and two structures in the rear that look like guardhouses,the height
(610, reaches 42 feet.
2. The United Artists Theaters at the Pavilions Shopping
Center is basically 32 feet high. With architectural features,which include a large
dome over the entrance in the front,the height reaches 42 feet.
3. If these other theaters can build in less than 46 feet high,I
believe this developer can also.
4. I might also mention that the basic height of the Town Hall,
which would be the closest building to the theater,is approximately 35 feet high,
except for the dome in the lobby which is 43 feet high.
C. So, I will ask the question again-if other developers can build
within the ordinance limitations,why can't this developer?If we do revise the
ordinance to accommodate the developer,then the next time this or mother
developer will ask for 45 feet, or 50 feet.
PARKING REVISIOI•TS.
I.For many years the Town has used the same requirements for parking in
commercial centers,and it has worked well for the Town and for the business
centers. The same is true of many cities and towns across the country.Now,in this
time of"specialists", we have parking professionals. They are engineers who study
(kw
parkins for all businesses and come up with alternate methods of determining
(6,„ proper parking.I'm not sure how they arrive at these statistical analyses.
2. The point being,that our parking regulations have worked well for us for
all these years. These regulations were developed by"planners",who looked at
what was likely going to happen in the future, and set their standards accordingly.
The parking consultants of today are trying to determine how to make the best use
of the parking as the center evolves.But,they have not taken into consideration '
the changes in the make-up of the center, or what happens if their statistics are
wrong.There is no back-up in place.inatead,the Developer wants to absorb his
development into the entire Downtown area development and use their parking to
alleviate his deficiencies. That is if the Holiday Inn,the Civic Center Association,
and the businrsses in plat 208 will agree to allow him this monumental benefit
strictly on his behalf. As of this date,we don't know what they will decide.
3. The parking necessary for this specific center as required by our
ordinance is very simple.
A. The parking for the retail area is(since we don't know what the
plans are yet) I space per 250 gross square feet.If we assume 100,000 square feet
of retail space, that anon to 400 spaces. The fact that some of these spaces will
use less than 1/250 ratio(such as offices) and some will use more than 1/250 ratio
(such as restaurants) already assumes some shared parking.
B. Parking for the theaters is 1 space per 4 person capacity. At last
(ilw count,a 1200 seat theater is planned. That would require 300 spaces.
C. Parking for multi-family is 2 1/4 spaces per unit.If we assume
only 100 units,required parking would be 225 spaces.
D. Total parking for this center should be 925 spaces.
E. Peak time for parking is usually 6:00 P.M.to 8:00 P.M.Retail
(including restaurants), theater, and residential will all be 100%in use.The only
type of retail not in frill use at this time is offices (such as banks,real estate,and
other professional offices).Even if we assume those types of offices to be 40%of
the total retail(quite a large assumption), it reduces the parking by 370 parking
spaces,for a net tots/ of 555 spaces.
F. Given the last plan shown to the Town by this developer, it
certainly seemed to indicate far less than 555 spaces,even with allowing
developer to count all of the 151 perimeter off-site parking spaces which belong to
• the Town and were constructed with Town funds many years ago.
G. The report given the Town by the Town parking consultant also
indicates at least a 20%deficiency in the Developer's parking revision.And the
Town's parking consultant used the entire Downtown parking area as their basis.
They did not comment upon the parking problem using this specific development.
a I sincerely do not believe that is fair or equitable that this
(t.. developer be allowed to use parking from other businesses or other uses to
, .
squeeze a higher density in his development after all of the other developments
(kir, have erected their buildings in accordance with our ordinance.
In conclusion,I understand that this is a rezoning request and a zoning
ordinance revision. What you are being asked approve may be a"pig in a poke"
since we have no idea as to why this developer is requesting these changes.It
appears to me that the developer is attempting to revise the ordinance in order to
absolutely maximize the square foot amount that he wants to erect on this site.
This is one of the most important Otes in our Town,and should be looked upon as
an example of what our Town is and, what it wants to be. This deVelOpment needs
openness, and streetscape; it does not need zero yards,higher buildings,and
questionable parking.
Sincerely Yours 1 f .
Michael Downes
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Original Message
From: Towne Villager I mailto:townevillager@`yahoo.comf
Sent: Fri 1/18/2008 9:27 AM
Subject: TCCD Zoning Town Square
We received the notice of zoning change hearings on the "Town Square" parcel because we are
an adjacent-parcel owner. Shortly after receiving the notice, we went to the town offices to
personallly speak with Mr. Rogers in the Planning Dept. He asked us if we were for this project,
and we told him without having seen any plans it is difficult to answer that question, but that we
were definitely against any buildings or parking being constructed on the parcel owned by the
town. We questioned to him the need to re-zone the parcel the city owns. We have been told
since 2005 that the parcel owned by the town was intended to he made into a "Linear Park" or an
"Art Walk," We told him in no uncertain terms that we were against any development other than
that sort of park. However, when he was asked at the Planning Commission meeting whether
there had been any adverse comments from property owners, he said that there had been no
negative feedback. So I wish to let the town council know that this is emphatically NOT true.
We have major concerns about what the Town's intentions are for this parcel and question the
need to change its zoning. We are all for making it a linear park/art walk but adamantly
AGAINST any buildings or parking.
Janet and Tim Call, 16800 El Lago
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Meeting of 2008-1-10 REGULAR SESSION
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
JANUARY 10,2008
Chairman Dennis Brown opened the regular session of the Planning and Zoning Commission at 6:30 p.m.
Present for the roll call were the following members of the Fountain Hills Planning and Zoning
Commission: Chairman Dennis Brown,Vice-Chairman Paul McDonald,Commissioners Jerry Caldwell,
Cecil Yates, and Commissioner Clark Summerfield. Planning and Zoning Director Richard Turner,
AICP, Senior Planner,Robert Rodgers and Executive Assistant and Recorder of the Minutes,Janice
Baxter were also present. Commissioner Lloyd Pew and Commissioner Sherry Leckrone were not able
to attend the meeting.
CALL TO THE PUBLIC
No one came forward.
No Commissioners wished to speak.
REGULAR AGENDA
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AGENDA ITEM#1 -Consideration of APPROVING the Planning and Zoning Commission Meeting
minutes from DECEMBER 13, 2007, Regular Session.
Commissioner Cecil Yates MOVED to approve the meeting minutes from the December 13, 2007,
Planning and Zoning Regular Meeting, as presented. Commissioner Jerry Caldwell SECONDED. A
roll call was taken with the following results:
Commissioner Clark Summerfield aye
Commissioner Cecil Yates aye
Commissioner Jerry Caldwell aye
Vice-Chairman Paul McDonald absent on December 13, 2007, and did not vote.
Chairman Dennis Brown absent on December 13, 2007, and did not vote.
Commissioner Lloyd Pew absent
Commissioner Sherry Leckrone absent
The MOTION CARRIED, 3-0,by those present at the meeting.
AGENDA ITEM#2 Public Hearing of Ordinance 08-01, a text amendment to Chapter 18,Town Center
Commercial Zoning District of the Zoning Ordinance. If adopted,the amendment would allow for
Greater Building Heights,Reduced Setbacks, Shared Parking, and Multi-Family Residential uses in the"
TCCD" zoning district. Case Number Z2007-05.
,,. Michael S. Downes, 16616 E. Palisades Boulevard, submitted to Staff on Friday,January 4, 2008, a letter
Page 1 of 4
commenting on a number of items directed towards the text amendment and the zoning proposal. A
(160
copy of this letter was also forwarded to the Planning Commission in their packets (Exhibit"A").
Public Hearing Opened at 6:34 p.m.
Robert Rodgers, Senior Planner gave the presentation and included a PowerPoint Presentation. An
additional handout was given to the Commissioners by Staff suggesting additional language to the text
amendment(Exhibit"B" ). Staff recommended that the Planning and Zoning Commission forward a
recommendation to Town Council to approve the proposed text amendment to Chapter 18, of the zoning
Ordinance.
No questions were asked by the Commissioners.
Dave Fackler, 224 E. Brentrup Drive,Tempe, expressed his support(Exhibit"C").
Public Hearing Closed at 6:41 p.m.
AGENDA ITEM#3 Consideration of Ordinance 08-01, a text amendment to Chapter 18,Town Center
Commercial Zoning District of the Zoning Ordinance. If adopted,the amendment would allow for
Greater Building Heights,Reduced Setbacks, Shared Parking, and Multi-Family Residential uses in the"
TCCD" zoning district. Case Number Z2007-05.
Commissioner Yates asked if the ULI Model was the only alternative available and shouldn' t we allow
for other alternatives. Mr.Rodgers responded that the ULI Model was the best known model and is the
standard.
Chairman Dennis Brown MOVED to send a recommendation forward to Town Council to approve the
proposed text amendment to Chapter 18, of the Fountain Hills Zoning Ordinance,Ordinance 08-01, with
the following additional language:
Section 18.11 Parking and Loading
D. An applicant may submit for review and approval, an alternative to the shared parking model as
outlined in these regulations. The applicant's shared parking alternative shall be based
on the ULI shared parking model and shall be submitted to the Town for review by an independent
shared parking expert selected by the Town. Funds in an amount adequate to pay for the review of the
alternative shared parking proposal shall be submitted to the Town at the time of submittal of the
shared parking alternative. Any unexpended funds will be returned to the applicant.
Commissioner Cecil Yates SECONDED.
A voice roll call was taken with the following results:
Commissioner Jerry Caldwell aye
Commissioner Clark Summerfield aye
Commissioner Cecil Yates aye
Page 2 of 4
Chairman Dennis Brown aye
Vice-Chairman Paul McDonald aye
The MOTION CARRIED, 5-0, by those present
AGENDA ITEM#4 Public Hearing of Ordinance 08-02,to amend a portion of the Official Zoning Map
of approximately 18.44 acres in size from intermediate Commercial Zoning District(C-2)to Town Center
Commercial District(TCCD) in the downtown area. Case Number Z2007-04.
Public Hearing Opened at 6:46 p.m.
Robert Rodgers, Senior Planner gave the presentation and included a PowerPoint Presentation. Staff
recommended that the Commission vote to forward a recommendation that the Town Council to approve
the proposed zoning map amendment as outlined in their report.
No questions were asked by the Commissioners.
Frank Ferrara,Chamber of Commerce CEO, expressed his support for this amendment to the zoning map
(Exhibit"C").
Public Hearing Closed at 6:46 p.m.
AGENDA ITEM#5
Consideration of Ordinance 08-02,to amend a portion of the Official Zoning Map of approximately 18.44
acres in size from intermediate Commercial Zoning District(C-2) to Town Center Commercial District
(TCCD)in the downtown area. Case Number Z2007-04.
Commissioner Caldwell asked about the future development of this property and how it would be
processed. Mr. Roders responded that it would be processed like other projects including a concept plan,
architectural review and landscape plans. A subdivision plat and development agreement were also
contemplated. In answer to other questions,Mr. Rodgers indicated that among other things,Proposition
207 considerations made it inadvisable to include the Holiday Inn property in this application,that the
Chamber of Commerce had indicated support for the application, and that it is not irregular for property to
be rezoned(by Town initiative) before the consideration of a development plan.
Commissioner Cecil Yates MOVED to send a recommendation forward to Town Council to approve the
proposed zoning map amendment, Ordinance 08-02 to change zoning from C-2 to TCCD.
Commissioner Caldwell SECONDED.
A voice roll call was taken with the following results:
Commissioner Jerry Caldwell aye
Commissioner Clark Summerfield aye
Commissioner Cecil Yates aye
Page 3 of 4
Chairman Dennis Brown aye
Vice-Chairman Paul McDonald aye
The MOTION CARRIED, 5-0, by those present
AGENDA ITEM#6 COMMISSION DISCUSSION/REQUEST FOR RESEARCH to the Planning
and Zoning Administrator. Items listed below are related only to the propriety of(i)placing such items
on a future agenda for action or(ii) determining if a majority of Commissioners wish to request staff to
conduct further research and report back to the Commission.
None were requested.
AGENDA ITEM#7 SUMMARY OF COMMISSION REQUESTS by the Planning and Zoning
Administrator.
Nothing to summarize.
ADJOURNMENT.
Vice-Chairman Paul McDonald MOVED to adjourn and the Commissioner Cecil Yates SECONDED
the motion. The motion CARRIED(5-0),by those present.
The meeting ADJOURNED at 6:49 p.m.
FOUNTAIN HILLS PLANNING&ZONING COMMISSION
BY: ATTEST:
Dennis Brown,Chairman Janice Baxter, Recorder of the Minutes
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 10th day of January 2008. I further certify
that the meeting was duly called and that a quorum was present.
Dated this 10th day of January 2008.
Janice Baxter,Recorder of the Minutes
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Page 4 of 4
6.
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PLEASE'PRINT
Comments:
•
Thank you for participating in your Town government: Your comments are an im port ant'and valuable part of the process.
Please fill out the comment card completely and turn it into the Clerk prior to the Council discussion of that Agenda item or
prior to the beginning of the meeting.
• (Please see reVetseforprocedural information'on addressing the Council) `
, 6/20J2007
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PLEASE PRINT
Comments: -
Exhib •t "C"
Thank you for participating in your Town government. Your comments are an important and valuable part of the process.
Please fill out the comment card completely and turn it into the'Clerk rin or to the Council discussion of that Agenda item.or •
prior to the beginning of the meeting.
(Please see reve?se for procedriral information on addressing the Council) '
EXHIBIT A
TO
WAIVER OF CLAIMS FOR DIMINUTION OF VALUE
[Legal Description of the Property]
See following pages.
800063.1
WAIVER OF CLAIMS FOR DIMINUTION OF VALUE
UNDER ARIZ. REV. STAT. §§ 12-1134 - 1136
THIS WAIVER OF CLAIMS FOR DIMINUTION OF VALUE UNDER ARIZ. REV.
STAT. §§ 12-1134 - 1136 (this "Waiver") is made January 17, 2008, between Park Place
Properties, LLC, an Arizona limited liability company (the "Owner") and Town of Fountain Hills
(the "Town") regarding the following property (the"Property"):
See legal description set forth in Exhibit A attached hereto and incorporated
as if fully set forth herein.
Owner is the current owner of all right, title and interest in the privately held portion of the
Property (the "Private Property").
The Owner intends to encumber the Private Property with the following agreements and
waivers. Owner agrees and consents to all the conditions imposed by the Town on the approval
of the rezoning as set forth in, and in conformance with, the stipulations set forth in, Ordinance
08-02 (the "Rezoning"), and by signing this Waiver waives any and all claims, suits, damages,
compensation and causes of action for diminution of value to the Private Property the Owner of
the Private Property may have now or in the future under the provisions of ARJz. REV. STAT. §§
12-1134 through and including 12-1136, as amended resulting from the Rezoning.
This Waiver, any exhibits attached hereto, and any addendum, constitute the entire
understanding and agreement of the Owner and the Town and shall supersede all prior agreements
or understandings between the Owner and Town regarding the Private Property with respect to
the Rezoning. This Waiver may not be modified or amended except by written agreement by the
Owner and Town.
This Waiver is entered into in Arizona and will be construed and interpreted under the
laws of the State of Arizona. This Waiver is subject to the cancellation provisions of ARIZ. REV.
STAT. § 38-511.
Within ten days after the execution of this Waiver,the Town Clerk shall file the Waiver in
the Official Records of the County Recorder's Office, Maricopa County, Arizona. This Waiver
runs with the land and is binding upon all present and future owners of the above-referenced
property.
The Owner warrants and represents that Owner is the owner of all right, title and interest
to the Private Property, and that no other person has an ownership interest in the Private Property.
The persons who signs on behalf of Owner personally warrant and guarantee to the Town they
have the legal power to bind Owner to this Waiver.
L.
800063.1
I
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date
and year first set forth above.
"Owner" "Town"
PARK PLACE PROPERTIES, LLC, an TOWN OF FOUNTAIN HILLS, an
Arizona limited liabili company Arizona municipal corporation
By: 1 . L \ By:
Sa A. Gambacorta, Manager Kathleen M. anon, Interim Town Manager
ATTEST:
Bevelyn J. Bender, own Clerk
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800063.1
2
ACKNOWLEDGMENTS
STATE OF ARIZONA - )
) ss.
COUNTY OF )
This instrument was acknowledged before me on\ "'ate / T , 2008,
by Sam A. Gambacorta , as Manager of Park Place Prop�es, LLC, an Arizona limited liability
company, on behalf of the company.
`7 OFFICIAL SEAL
er MARCIA L. SNODGRAS Notary blic in and for the State of izona
My Commission Ex W. Notary nUtilie State of Arizona
tyloocom COUNTY
Y
eetttn; expiros Aug.8,
2008
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
This instrument was acknowledged before me on 747,vaia`e /(l , 2008,
by Kathleen M. Zanon, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona
municipal corporation, on behalf of the Town of Fountain Hil s.
OFFICIAL SEAL
�•••i NC
�. p,THLEEN BUTLER `/
Syr
K�.��•�yAFj�G� d6(,/eX,
NoteryMARICOPA Public-StateCOUNTY of Arizona
Notary Public in and for the State of Arizona
My minim expires dude 14,2000
�My Commission Expires:
Vid,p
800063.1
3