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HomeMy WebLinkAbout1996.0502.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 2, 1996 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 P.M., Thursday, May 2, 1996, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades Blvd., Building B, Fountain Hills, Arizona. ROLL CALL - Following the pledge to the flag and the invocation by Pastor Joel Bjerkestrand of the Shepherd of the Hills Lutheran Church, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Peg Tibbetts and Councilmembers Don Lawrence, Frank Clark,Wally Hudson, Bill O'Brien and Marianne Wiggishoff. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Director of Community Development Gary Jeppson and Town Engineer Randy Harrel. Mayor Cutillo read the Consent Agenda which included the following agenda items. Item #10 was removed for separate discussion. AGENDA ITEM#2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF APRIL 18TH, 1996. AGENDA ITEM #3 - CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE DEPARTMENT OF PUBLIC SAFETY FOR OFFICE SPACE IN BUILDING B. AGENDA ITEM #4 - CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE MARICOPA COUNTY SHERIFF'S OFFICE FOR OFFICE SPACE IN BUILDING B. AGENDA ITEM#5-CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY THE CHAMBER OF COMMERCE FOR A MEMBERSHIP EVENT TO BE HELD ON SATURDAY,JULY 20, 1996 FROM 6:00 P.M. TO 11:00 P.M. AT THE CHURCH OF THE ASCENSION LOCATED AT 12615 N. FOUNTAIN HILLS BOULEVARD. AGENDA ITEM#6-CONSIDERATION OF RESOLUTION 1996-26 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHERLY (REAR) PROPERTY LINES OF LOT 22, BLOCK 2, PLAT 505D (16821 N. ASPEN DR.), AS RECORDED IN BOOK 158 OF MAPS, PAGE 41, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM#7-CONSIDERATION OF RESOLUTION 1996-27,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE WESTERLY (REAR) PROPERTY LINES OF LOT 65,BLOCK 2, PLAT 428 (15008 TAMARACK), AS RECORDED IN BOOK 155 OF MAPS, PAGE 19, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM#8-CONSIDERATION OF RESOLUTION 1996-29,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHWESTERLY PROPERTY LINES OF LOT 12,BLOCK 3,PLAT 505A Nire Minutes of the Regular Session of the Town Council 05/02/96 Page 1 of 11 (15711 E. GOLDEN EAGLE BLVD.),AS RECORDED IN BOOK 158 OF MAPS, PAGE 40, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM#9-CONSIDERATION OF RESOLUTION 1996-30,_ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHWESTERLY (REAR) PROPERTY LINES OF LOT 34, BLOCK 1, PLAT 505D (16665 N. BOXCAR DRIVE),AS RECORDED IN BOOK 158 OF MAPS,PAGE 41, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM#11 - CONSIDERATION OF A PRELIMINARY PLAT FOR THE JOINING OF LOTS 2 AND 28, BLOCK 3, FINAL PLAT 605-C, CASE NUMBER S96-023. AGENDA ITEM #12 - CONSIDERATION OF A PRELIMINARY PLAT TO CONDOMINIUMIZE THE PORTALES OFFICES,LOCATED IN FINAL PLAT 208,_BLOCK 5,LOTS 23,24 AND 25,CASE NUMBER S96-024. AGENDA ITEM #13 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE 27.16t ACRE, 63 LOT PARCEL 10/11 OF THE EAGLE MOUNTAIN PROJECT, CASE NUMBER S96-013. AGENDA ITEM #14 - CONSIDERATION OF THE PRELIMINARY PLAT FOR TRACT "C-3" OF THE EAGLE MOUNTAIN FINAL PLAT, CASE NUMBER S96-015. AGENDA ITEM#15-CONSIDERATION OF A PLAN OF DEVELOPMENT FOR VAN'S STORAGE,INC., 16701 E. LASER DRIVE, AKA FINAL PLAT 412B, BLOCK 6, LOT 3, LOCATED SOUTH OF LASER DRIVE AND WEST OF TECHNOLOGY DRIVE. Councilman Hudson MOVED to approve the Consent Agenda as presented including all appropriate stipulations. Councilman Lawrence SECONDED the motion. A roll call vote was taken with the following results: kir Councilman Lawrence Aye Vice Mayor Tibbetts Aye Councilwoman Wiggishoff Aye Councilman Clark Aye Councilman O'Brien Aye Councilman Hudson Aye Mayor Cutillo Aye The motion CARRIED unanimously. AGENDA ITEM#10-CONSIDERATION OF RESCINDING THE STIPULATION ON THE PREVIOUSLY APPROVED ALLEY ABANDONMENT IN PLAT 302, BLOCK 5. Vice Mayor Tibbetts asked if Parcel "A',a 50' strip adjacent to the Indian Reservation,would jeopardize the Town's commitment for a buffer zone. Town Engineer Randy Harrel stated the request included only the alleyway abandonment. He said this stipulation would not require the dedication of Parcel "A" to the Town prior to the recording of the abandonment. The alley abandonment would enable more parking at the Community Center. Vice Mayor Tibbetts MOVED the adoption of item#10 on the agenda. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. Minutes of the Regular Session of the Town Council 05/02/96 Page 2 of 11 AGENDA ITEM #16 - CONSIDERATION OF A PROPOSED PURCHASE OF 8.6 ACRES IN SUNRIDGE CANYON FOR A FUTURE PARK SITE, PRESENTATION BY DANA SAAR. Councilwoman Wiggishoff reminded the Council of their approval for 20 dwelling units on this parcel in Sunridge Canyon, Parcel B, near Golden Eagle Boulevard and Sierra Madre. She stated a better use for this parcel would be for public park purposes, possibly a tennis court facility. Dana Saar identified this parcel as the smallest parcel with the smallest number of lots in Sunridge Canyon and that it abutted the Sunridge Canyon golf course and had close proximity to Golden Eagle Park and the High School. He proposed this flat site of eight-plus acres was suitable for 16 lighted tennis courts, would qualify for Heritage Fund grants and could be constructed in three phases. He explained that the access from the High School was an 8' box culvert under Golden Eagle Boulevard. He suggested a private contractor could be awarded an agreement for management and maintenance of the tennis courts. He urged the Council to consider immediate purchase of this parcel from Sunridge Canyon as plans for construction were pending. Councilman Clark asked if the North Heights property owners had agreed with Mr. Saar's proposal due to prior agreements with MCO and the Town. Mr. Saar said he had not contacted the property owners but previous restrictions would still remain and he felt the tennis courts would be an attractive amenity for them. Mayor Cutillo stated he felt this purchase would be costly, he didn't want to over-extend spending by the Town,and he would not support acquiring this parcel because he felt other areas in the town could be available. Councilman O'Brien said this purchase actually was an unplanned expenditure and said he was concerned about using an area that was recently approved as a residential parcel. He pointed out traffic concerns and access to the parcel from the High School were additional issues to consider. Councilwoman Wiggishoff said the alternative was beneficial in replacing the construction of fourteen homes along Golden Eagle Boulevard with a neighborhood park. She pointed out the development costs for this parcel would be included in a future capital improvements program. She said the Council should invest in this property because it would prove a valuable asset in the future. Councilman Hudson stated neighborhood parks were planned throughout the town in the Master Plan and should not be located only in one area. Councilwoman Wiggishoff MOVED to direct staff to begin a conversation with Sunridge Canyon about possible acquisition of Parcel B and report to the Council in a future executive session. Vice Mayor Tibbetts SECONDED the motion. Ray Baldwin, Sunridge Canyon, stated he had not had any conversations with the North Heights Property Owners Association. Tom Reski, a property owner in North Heights, said Sunridge Canyon had negotiated with their group regarding access and egress from Parcel E in Sunridge Canyon in return for the number of lots placed on Parcel B. He stated his group did not approve of recreational uses at that site. He was concerned about the lighting factor of the tennis courts as well as the cost for tennis court construction at the rate of$40,000 per court. Jeff Valder pointed out that Parcel E was forty feet higher than Parcel B. He stated a wash existed on the west side of Parcel B creating a ridgeline barrier. Mr. Nordin assured the Council the best shielded lighting technology would be used to eliminate neighbor concerns regarding lighting of tennis courts. Councilman Clark AMENDED the motion to direct staff to contact and consult with the North Heights Property Owners group for an assessment of their opinion on the tennis court proposal. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. Councilman Lawrence stated even though he would support the motion to discuss the possibility of land purchase, he felt there were additional locations for tennis courts in the town and that there currently were numerous costly projects waiting to be completed. Minutes of the Regular Session of the Town Council 05/02/96 Page 3 of 11 In answer to a question posed by Mayor Cutillo, Mr. Baldwin said he estimated a 45-day application period for building permits to be issued, but he had an agreement with his builder which would require negotiation if the Town were to purchase Parcel B. Bruce Hanson suggested this matter be voted by the citizens of the community in an initiative form. He termed the use of this property as unreasonable and said there were better ways to use heritage funds than constructing tennis courts. Mary Pilarinos said the Town should spend its money on planned improvements to Golden Eagle Park, an aquatic center, and schools. The vote on the motion CARRIED with a 5-2 vote. Councilman O'Brien and Mayor Cutillo cast the nay votes. Councilman Hudson MOVED to refer this matter to the Parks & Recreation Commission. Vice Mayor Tibbetts SECONDED the motion. Town Attorney Farrell determined that this motion wasn't necessary but that staff could take this direction at the proper time. Councilwoman Wiggishoff said both Robin Goodman, Director of Parks and Recreation Department and Rick Lantz,Chairman of the Parks&Recreation Commission had been involved in initial discussions concerning Parcel B. AGENDA ITEM #17 - CONSIDERATION OF THE PROPOSED REVISION TO THE GOLDEN EAGLE PARK MASTER PLAN. Robin Goodman, Director of Parks & Recreation, reviewed the proposed changes to the Golden Eagle Master Plan. They were: 1) Delete amphitheater, (approved at the April 18th Council meeting), 2) Delete two tennis courts, 3) Designate a natural area open space for an area which was difficult to build on, 4) Relocate two basketball courts 200' to the west, and 5) Relocate two sand volleyball courts next to the tennis courts. She showed slides of Golden Eagle Park depicting the wash corridor, vegetation, box culvert, existing sand area for a volleyball court, and other areas in the park area. Nor Ms.Goodman stated six tennis courts were planned for the Four Peaks Neighborhood Park but the grant was denied. A planning layout had been done which included parking, bike racks, picnic tables, drinking fountains, as well as six tennis courts with an estimated cost of $450,000. Mayor Cutillo asked about the monetary savings with the deletion of two tennis courts at Golden Eagle Park. She said lighted volleyball courts could be less expensive to build. Mayor Cutillo suggested the cost savings be put towards lighting the two tennis courts by the School District offices. Ms. Goodman said there were two volleyball public courts in the town, one at Four Peaks and one at the High School site, both not maintained. Councilman Clark asked if they were needed, why weren't they maintained. Director Goodman said both courts were not on park property so they weren't maintained by the Town. Councilman Lawrence MOVED to delete the amphitheater/spillway, to move the basketball courts 200' to the west, to leave the four tennis courts where they were in the original plan,and to leave the two sand volleyball courts where they were in the original plan. Councilman Clark SECONDED the motion. Councilwoman Wiggishoff pointed out the original volleyball courts were in a wash area and were an unsafe location because of the vegetation and waterway present. Town Manager Nordin asked the Council to consider deleting the sand volleyball courts because of the location and the difficulty in building those courts. Councilman O'Brien AMENDED the motion to delete any reference to the location of the sand volleyball courts and to designate the natural area of open space as recommended. Councilwoman Wiggishoff SECONDED the amendment. Councilman Clark suggested this issue be tabled until the Council had decided what action was appropriate concerning the acquisition of Parcel B in Sunridge Canyon. The vote on the amendment FAILED with a 5-2 vote. Councilman Hudson,Lawrence,Wiggishoff,Vice Mayor Tibbetts and Mayor Cutillo cast the nay lirry Minutes of the Regular Session of the Town Council 05/02/96 Page 4 of 11 Councilwoman Wiggishoff AMENDED the motion to delete one tennis court and to relocate one sand volleyball court next to the tennis courts. Mayor Cutillo SECONDED the amendment. Jerry Kirkendoll pointed out that the Lor high school could have tennis teams if enough courts were provided. Other comments were made by Paul Perreault, John Welsh and Walt Franklin. The amendment FAILED with a 5-2 vote. Mayor Cutillo and Councilwoman Wiggishoff cast the aye votes. Nick Stasik asked the Council to consider both four tennis courts and two volleyball courts. Councilman O'Brien AMENDED to delete the reference to the location of sand volleyball courts. Councilwoman Wiggishoff SECONDED the amendment which CARRIED unanimously. The vote on the original motion CARRIED unanimously. AGENDA ITEM#18- CONSIDERATION OF APPROVING THE CIVIC CENTER SITE TO BE USED IN FUTURE NEGOTIATIONS WITH MCO PROPERTIES WITH REGARDS TO THE DOWNTOWN PLAN. Councilman O'Brien MOVED to approve the approximate 13-acre site for the downtown center as proposed at the intersection of La Montana and Avenue of the Fountains. Vice Mayor Tibbetts SECONDED the motion. Jerry Kirkendoll said he, as well as 100 other people he had talked with, was opposed to closing off of Avenue of the Fountains and parallel parking. He hoped that future plans would consider eliminating the dead-end street. Councilman Clark assured the citizens that the design phases would allow for public hearings. Peter Clarkson asked the Council to continue to look into land acquisition further. Dana Saar asked about parking space requirements and whether the Town was considering the purchase of additional land for parking or whether the Town would be changing the zoning ordinance regarding the number of parking spaces. Town Manager Nordin pointed out a precise legal description had not been completed concerning the approximate 13-acre site and that the future additional parking areas might be owned either by the Town or private ownership. The motion CARRIED unanimously. AGENDA ITEM#19-CONSIDERATION OF CONTRACT INCREASES FOR THE ANNUAL CONCRETE (ENG 95-001),EMULSION SEAL(ENG 95-0021,SLURRY SEAL (ENG 96-003),AND ASPHALT(ENG 95- 004) CONTRACTS, INCREASING THE FY 95-96 STREET DEPT. BUDGET FOR MAJOR MAINTENANCE, TRANSFERRING ADDITIONAL FUNDS FROM THE GENERAL FUND TO THE STREET FUND, AND TRANSFERRING BUDGET AUTHORITY FROM THE GRANT FUND TO THE STREET FUND. Town Manager Nordin addressed the Council regarding a proposal to provide funds for additional street work to be completed within fiscal year 95-96. Town Engineer Harrel stated the planned zone for street work was located from El Lago to Kingstree Boulevard, east of Fountain Hills Boulevard. He said he had recently been informed that Salt River Project had planned a major rebuild of existing lines in the planned zone. After reviewing SRP's plans, Mr. Harrel proposed to do concrete curb repair work and asphalt patching in that area, and delete most of the major asphalt re-construction work until after SRP had completed their trench work on those streets. He said the crack sealing program could continue and emulsion sealing on new streets would continue on schedule. He proposed to continue from Kingstree Blvd. to Shea Blvd. with likewise work plans. He anticipated the slurry seal program would be enacted only after SRP's trenching work was completed. He said after he had evaluated the work schedule with SRP's work plans in mind, he Minutes of the Regular Session of the Town Council 05/02/96 Page 5 of 11 recommended that the Emulsion Seal Contract in Stipulation #3 in the staff report be changed from $30,000 to the amount of $80,000 and that the Asphalt Contract be changed from $50,000 to $0, thus eliminating the Asphalt Contract from the Street Major Maintenance Program at this time. Town Manager Nordin reminded the Council of the budget transfer of$265,000 from the General Fund to the Street Fund which funded the street work currently completed in this fiscal year. He asked for a $300,000 transfer from the General Fund to the Street Fund to continue with proposed street renovation projects. Because of budget authority guidelines, he also asked to transfer$400,000 of unused budget authority from the Grant Fund to the Street Fund as required by state law. He clarified that the $100,000 cash difference was presently available in the Street Fund. Mr. Nordin reviewed the budget projections for the remainder of the fiscal year and stated that spending additional funds on street improvement projects was one of the priorities set forth at the inception of anticipated sales tax revenues. Councilman Lawrence MOVED to approval of Mr.Nordin's program as presented. Councilman Clark SECONDED the motion which CARRIED unanimously. AGENDA ITEM#20 - CONSIDERATION OF ORDINANCE 96-13, AN AMENDMENT TO CHAPTER 15 OF THE FOUNTAIN HILLS TOWN CODE, COMMONLY KNOWN AS THE FOUNTAIN HILLS SUBDIVISION ORDINANCE, TO AMEND ARTICLES I AND III TO AMEND REGULATIONS DESCRIBING THE DESIGN OF ROADWAYS AND THE DESIGN, MAXIMUM USE AND MAXIMUM LENGTH OF CUL-DE-SAC ROADWAYS. Town Manager Nordin referred to the voluntary fire sprinkler ordinance which limited the lengths of cul-de-sacs. He stated staff had been directed to amend this policy by providing revised definitions and regulations which provided flexibility for the approval of new subdivisons. He said this amendment would not include any revisions to the General Plan. Mr. Nordin stated another option could be outlined and proposed to the Council in two weeks and the differences between the two revisions could also be presented at that time. Vice Mayor Tibbetts MOVED to table discussion for two weeks until the next Council meeting. Councilman Clark SECONDED the motion which CARRIED unanimously. AGENDA ITEM #21 - CONSIDERATION OF APPROVING THE DEVELOPMENT AGREEMENT, SUNRIDGE CANYON L.L.C. Town Attorney Bill Farrell stated a development agreement with Sunridge Canyon guaranteed various advantages to the Town and the developer such as a guarantee of terms and development conditions, density uses, amenities included in a project,and the stability of zoning districts in a planned subdivision. He said the Council had approved specific zoning districts in each area of Sunridge Canyon subdivision, however, the concept of vesting assured the developer no changes would be made in formerly approved parcels. Ray Baldwin, Sunridge Canyon, said he requested a development agreement from the Town to assure the approved zoning districts as collateral for the purposes of borrowing for future investments. He said the benefit to the Town included the two and one-half miles of Palisades which was constructed at Sunridge Canyon's expense even though it was included in the Area Specific Plan and stipulated in zoning request applications. He suggested a ten-year timeframe to the agreement. Mr. Farrell advised the Council that they had the ability to downzone or change the zoning of the parcels but that it would have to be approved by six of seven members of the Council. He also advised the Council that litigation Minutes of the Regular Session of the Town Council 05/02/96 Page 6 of 11 likely could occur as a result of a zoning change which adversely affected the developer's marketability. Councilman Clark asked what changes had been made that went beyond what the Council had already approved. Attorney Farrell offered to identify and highlight the areas in the Development Agreement that could be affected by a change in the zoning of the Area Specific Plan. Councilman O'Brien MOVED to decline to enter into a Development Agreement with Sunridge Canyon. Councilwoman Wiggishoff SECONDED the motion which FAILED with a 5-2 vote. Councilman O'Brien and Councilwoman Wiggishoff cast the aye votes. Councilman Clark MOVED to table discussion for two weeks until the next Council meeting to allow counsel an opportunity to highlight those items in the Development Agreement that were in addition to what the Council had previously approved as a result of the Area Specific Plan. Vice Mayor Tibbetts SECONDED the motion which CARRIED with a 6-1 vote. Councilman Lawrence cast the nay vote. AGENDA ITEM#22 - PUBLIC HEARING ON ORDINANCE 96-14, REZONING 4.13t ACRES OF LAND WITHIN AND ADJACENT TO THE PROPOSED PARCEL"N-EAST"SUBDIVISION OF THE SUNRIDGE CANYON DEVELOPMENT FROM THE "R1-10A" TO THE "OSR" ZONING DISTRICT, AND; A PROPOSAL TO REZONE 2.495± ACRES OF LAND LOCATED WITHIN AND ADJACENT TO THE PROPOSED PARCEL"N-EAST"SUBDIVISION OF THE SUNRIDGE CANYON DEVELOPMENT FROM "OSR" TO THE "R1-10A" ZONING DISTRICT, SO THAT ALL OF LOTS 1 THROUGH 19 WILL BE LOCATED WITHIN THE "R1-10A" ZONING DISTRICT, CASE NUMBER Z95-22. Mayor Cutillo recessed the Regular Session of the Town Council and opened the public hearing at 9:12 p.m. No one came forward to speak for or against Ordinance 96-14. Mayor Cutillo closed the public hearing and reconvened the Regular Session of the Town Council at 9:14 p.m. L AGENDA ITEM #23 - CONSIDERATION OF ORDINANCE 96-14 REZONING 4.13t ACRES OF LAND WITHIN AND ADJACENT TO THE PROPOSED PARCEL"N-EAST"SUBDIVISION OF THE SUNRIDGE CANYON DEVELOPMENT FROM THE "R1-10A" TO THE "OSR" ZONING DISTRICT, AND; A PROPOSAL TO REZONE 2.495t ACRES OF LAND LOCATED WITHIN AND ADJACENT TO THE PROPOSED PARCEL"N-EAST"SUBDIVISION OF THE SUNRIDGE CANYON DEVELOPMENT FROM "OSR" TO THE "R1-10A" ZONING DISTRICT, SO THAT ALL OF LOTS 1 THROUGH 19 WILL BE LOCATED WITHIN THE "R1-10A" ZONING DISTRICT, CASE NUMBER Z95-22. Councilman Clark MOVED to approve Ordinance 96-14 as presented. Vice Mayor Tibbetts SECONDED the motion which CARRIED unanimously. AGENDA ITEM#24-CONSIDERATION OF THE FINAL PLAT OF SUNRIDGE CANYON PARCEL "N- EAST", A 14.49 ACRE, 19-LOT SUBDIVISION, CASE NUMBER S94-121. Councilman Clark MOVED to approve the Final Plat of Sunridge Canyon Parcel "N-East" with staff stipulations. Councilman O'Brien SECONDED the motion which CARRIED unanimously. Minutes of the Regular Session of the Town Council 05/02/96 Page 7 of 11 AGENDA ITEM#25 - PUBLIC HEARING ON ORDINANCE 96-15, REZONING 2.47± ACRES OF LAND WITHIN AND ADJACENT TO THE PROPOSED PARCEL "M" SUBDIVISION OF THE SUNRIDGE CANYON DEVELOPMENT FROM"OSR"TO THE"R1-10A" ZONING DISTRICT,AND; A PROPOSAL TO REZONE 0.95± ACRES OF LAND LOCATED WITHIN AND ADJACENT TO THE PROPOSED PARCEL"M"SUBDIVISION OF THE SUNRIDGE CANYON DEVELOPMENT FROM"R1-10A"TO THE "OSR" ZONING DISTRICT, SO THAT ALL OF LOTS 1 THROUGH 17 WILL BE LOCATED WITHIN THE "R1-10A" ZONING DISTRICT, CASE NUMBER Z95-24. Mayor Cutillo recessed the Regular Session of the Town Council meeting and opened the public hearing at 9:15 p.m. No one came forward to speak for or against Ordinance 96-15. Mayor Cutillo closed the public hearing and reconvened the Regular Session of the Town Council at 9:16 p.m. AGENDA ITEM #26 - CONSIDERATION OF ORDINANCE 96-15, REZONING 2.47± ACRES OF LAND WITHIN AND ADJACENT TO THE PROPOSED PARCEL "M" SUBDIVISION OF THE SUNRIDGE CANYON DEVELOPMENT FROM"OSR"TO THE"R1-10A" ZONING DISTRICT,AND; A PROPOSAL TO REZONE 0.95± ACRES OF LAND LOCATED WITHIN AND ADJACENT TO THE PROPOSED PARCEL"M"SUBDIVISION OF THE SUNRIDGE CANYON DEVELOPMENT FROM"R1-10A"TO THE "OSR" ZONING DISTRICT, SO THAT ALL OF LOTS 1 THROUGH 17 WILL BE LOCATED WITHIN THE "R1-10A" ZONING DISTRICT, CASE NUMBER Z95-24. Planner Jeff Valder asked for a continuation of the public hearing and the consideration for approval of Ordinance 96-15 because he had not received the final plat or improvement plans from the applicant. Councilman Lawrence MOVED to continue the public hearing regarding Ordinance 96-15 to the next regularly scheduled Council meeting. Vice Mayor Tibbetts SECONDED the motion which CARRIED unanimously. CIIv AGENDA ITEM#27-PUBLIC HEARING ON ORDINANCE 96-16,REZONING 20.546±ACRES OF LAND FROM THE "R1-8" TO "R1-10A PUD" ZONING DISTRICT;AND 0.794±ACRES OF LAND FROM THE "R1-43" TO THE "R1-10A PUD" ZONING DISTRICT;AND 10.237±ACRES OF LAND FROM THE "R1- 35" TO THE "R1-10A PUD" ZONING DISTRICT; AND 10.262± ACRES OF LAND FROM THE "R1-8" TO THE "OSR" ZONING DISTRICT; AND 34.498± ACRES OF LAND FROM THE "R1-43" TO THE "OSR" ZONING DISTRICT; AND 9.903± ACRES OF LAND FROM THE "R1-35" TO THE "OSR" ZONING DISTRICT, SO THAT ALL PUBLIC RIGHTS-OF-WAY AND ALL OF LOTS 1-87 ARE LOCATED IN THE "R1-10A PUD" ZONING DISTRICT AND SO THAT ALL OF PARCEL "A", "B", AND "C" OF THE PROPOSED WESTRIDGE VILLAGE SUBDIVISION ARE LOCATED IN THE "OSR" ZONING DISTRICT, CASE NUMBER Z96-10. Mayor Cutillo recessed the Regular Session of the Town Council meeting and opened the public hearing at 9:17 p.m. Mr. Nordin asked that the public hearing and ordinance consideration be tabled for two weeks relative to recent discussions regarding the cul-de-sac ordinance revisions. Attorney Farrell advised the Council that the public hearing could be continued as well as the ordinance consideration. Mayor Cutillo asked if anyone was present who wanted to speak for or against the request to rezone. No one came forward to speak for or against Ordinance 96-15. AGENDA ITEM#28-CONSIDERATION OF ORDINANCE 96-16,REZONING 20.546±ACRES OF LAND FROM THE "R1-8" TO "R1-10A PUD" ZONING DISTRICT;AND 0.794±ACRES OF LAND FROM THE "R1-43" TO THE "R1-10A PUD" ZONING DISTRICT;AND 10.237±ACRES OF LAND FROM THE "R1- 35" TO THE "RI-10A PUD" ZONING DISTRICT; AND 10.262± ACRES OF LAND FROM THE "R1-8" Minutes of the Regular Session of the Town Council 05/02/96 Page 8 of 11 TO THE "OSR" ZONING DISTRICT; AND 34.498± ACRES OF LAND FROM THE "R1-43" TO THE "OSR" ZONING DISTRICT; AND 9.903± ACRES OF LAND FROM THE "R1-35" TO THE "OSR" ZONING DISTRICT. Councilman Hudson MOVED to continue the public hearing of Ordinance 96-16 until the next Council meeting. Councilman Lawrence SECONDED the motion which CARRIED unanimously. Mayor Cutillo reconvened the Regular Session at 9:21 p.m. AGENDA ITEM#29 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE PROPOSED 86.24± ACRE, 87 LOT WESTRIDGE VILLAGE DEVELOPMENT, LOCATED EAST OF PALISADES BOULEVARD AND NORTH OF SHEA BOULEVARD, CASE NUMBER S95-080. Councilman Hudson MOVED to table consideration of the preliminary plat for Westridge Village until the next Council meeting. Councilman Lawrence SECONDED the motion which CARRIED unanimously. AGENDA ITEM #30 - PUBLIC HEARING ON ORDINANCE 96-17, REZONING THE 14.15± ACRE PARCEL 14 OF THE EAGLE MOUNTAIN PROJECT LOCATED IN THE EASTERN PORTION OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 6 EAST, GILA & SALT RIVER MERIDIAN FROM THE "R-3" TO THE "R1-6A" ZONING DISTRICT, CASE NUMBER Z96-04. Mayor Cutillo recessed the Regular Session of the Town Council and opened the public hearing at 9:24 p.m. Leeza Fraverd said she was opposed to "R1-6A" zoning because it set a precedent in setting an exception to the zoning regulations. Mayor Cutillo closed the public hearing and reconvened the Regular Session of the Town Council meeting at 9:25 p.m. AGENDA ITEM #31 - CONSIDERATION OF ORDINANCE 96-17, REZONING THE 14.15± ACRE PARCEL 14 OF THE EAGLE MOUNTAIN PROJECT LOCATED IN THE EASTERN PORTION OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 6 EAST, GILA & SALT RIVER MERIDIAN FROM THE "R-3" TO THE "R1-6A" ZONING DISTRICT, CASE NUMBER Z96-04. Councilman Hudson MOVED to approve Ordinance 96-17 as presented. Councilman Lawrence SECONDED the motion which CARRIED with a 6-1 vote. Councilwoman Wiggishoff cast the nay vote. AGENDA ITEM #32 - CONSIDERATION OF PRELIMINARY PLAT FOR THE 14.15± ACRE, 48 LOT PARCEL 14 OF THE EAGLE MOUNTAIN PROJECT, CASE NUMBER S96-014. Councilman Lawrence MOVED to approve the preliminary plat for Parcel 14 as presented. Councilman Hudson SECONDED the motion which CARRIED with a 6-1 vote. Councilwoman Wiggishoff cast the nay vote. AGENDA ITEM #33 - CONSIDERATION OF ORDINANCE 96-18, CORRECTING THE REFERENCES MADE TO SPECIFIC LOTS IN ORDINANCE#95-27 TO REFLECT THE ACTUAL LOTS PERMITTED TO HAVE LOT WIDTHS SMALLER THAN THE MINIMUM LOT WIDTH REQUIRED IN THE "R1-43 Minutes of the Regular Session of the Town Council 05/02/96 Page 9 of 11 P.U.D. Z95-08" ZONING DISTRICT FOR PLAT 606. Councilman Hudson MOVED the adoption of Ordinance 96-18. Councilman Clark SECONDED the motion which CARRIED with a 6-1 vote. Councilwoman Wiggishoff cast the nay vote. AGENDA ITEM #34 - CONSIDERATION OF THE FINAL PLAT FOR PLAT 606, A 70 LOT SUBDIVISION LOCATED ON 133.56 ACRES EAST OF PALISADES BOULEVARD, NORTH OF PLAT 607 AND RIDGEWAY DRIVE,SOUTH OF SAGE DRIVE, AND WEST OF GREYSTONE DRIVE, CASE #Z95-18 AND #S95-046. Councilman Clark MOVED to approve the Final Plat for Plat 606. Councilman Lawrence SECONDED the motion. Councilman Wiggishoff said this plat had too many planned lots. The motion CARRIED with a 5-2 vote. Councilwoman Wiggishoff and Vice Mayor Tibbetts cast the nay votes. AGENDA ITEM#35 - CALL TO THE PUBLIC. (PUBLIC COMMENT IS ENCOURAGED BUT PLEASE BE ADVISED THAT THE COUNCIL HAS NO ABILITY TO RESPOND OR DISCUSS MATTERS BROUGHT UP DURING THE CALL TO THE PUBLIC AS SUCH DISCUSSION IS PROHIBITED BY THE ARIZONA OPEN MEETING LAW.) James Rush, employed by Blue Chip Development, addressed the Council regarding the closing of Fountain Hills Boulevard for the construction of a box culvert at Ashbrook Wash. He anticipated it would represent a severe hardship for access to his model home sales area. AGENDA ITEM #36 - ADJOURNMENT. Councilman Hudson MOVED to adjourn the meeting. Councilman Clark SECONDED the motion which CARRIED unanimously. The meeting adjourned at 9:35 p.m. • Minutes of the Regular Session of the Town Council 05/02/96 Page 10 of 11 TOWN OF FOUNTAIN HILLS By: 140 John) . uti o, ayor A 1-1EST: CAL:14;A Cassie B. Hansen, Town Clerk • PREPARED BY: Or4./1/4..) Linda D. Lemm n, Administrative Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session Meeting held by the Town Council of Fountain Hills on the 2nd day of May, 1996. I further certify that the meeting was duly called and that a quorum was present. DATED this 16th day of May, 1996. CA-4-4;it_CI5 Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 05/02/96 Page 11 of 11