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HomeMy WebLinkAbout1996.0730.TCSM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JULY 30, 1996 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30 P.M., Tuesday, July 30, 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 lead by Councilman Poma and the invocation given by Vice Mayor Lawrence, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jerry Miles, Vice Mayor Lawrence and Councilmembers Bill O'Brien, Marianne Wiggishoff, Sid Apps, Al Poma and Penfield Mower. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell,Town Clerk Cassie Hansen, Director of Community Development Gary Jeppson, Town Engineer Randy Harrel and Planner Jeff Valder. AGENDA ITEM #2 - REPORT BY ROY KINSEY, CHAIRMAN OF THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION, ON THE COMMISSION'S PROGRESS AND PRESENTATION OF FUTURE CONCERNS,ACTIVITIES AND LONG RANGE PLANS. THE COMMISSION WILL ALSO BE LOOKING FOR COUNCIL DIRECTION REGARDING FUTURE INVOLVEMENT IN THE PLANS OF THE LARGER MCDOWELL SONORAN PRESERVE. Mr. Kinsey introduced Loras Rauch, Arnold Roy, Jim Carroll, Peg Tibbetts, Mark Scheele as the members of the McDowell Mountain Preservation Commission. He referred to the status report which detailed the goals of the Commission upon its creation in the Spring of 1996. Mr. Kinsey asked the Council to consider whether the goals were in order or needed modification. He pointed out that initially the values of lands slated for preservation needed to be determined before acquisition could occur for preservation efforts and that the Commission had contracted Mr. Robert Francy to conduct such an evaluation. He estimated the report could be completed within the next two months and after that time, specifics concerning financing and acquisition could be undertaken. Mr. Kinsey stated that the month of October had been declared"Mountain Month" and reviewed some of the special events scheduled which included a Mountain Ball, fundraising campaigns and activities to support Scottsdale's preservation efforts. He said the Commission would also be participating in activities to increase awareness in the preservation issues in Fountain Hills. He said the majority of the mountains we observe are located in the McDowell Sonoran Preserve as a part of Scottsdale and the Commission's study area concerned the foothills of those mountains. Mayor Miles asked Mr. Kinsey if it would be possible to view slides to identify the mountains and foothills. Mr. Kinsey agreed to provide those slides. Mr. Kinsey asked whether the Commission would be dismissed after their objectives were accomplished or whether the Commission would continue to serve as an on-going commission. Town Manager Nordin recommended the Commission remain a long-term, permanent commission. AGENDA ITEM#3- REVIEW AND DISCUSSION OF THE PLANNING AND ZONING COMMISSION'S DRAFT OF THE REVISED SUBDIVISION ORDINANCE. Town Manager Paul Nordin explained that within the past two years a review had been conducted of the Subdivision Ordinance with continued concern regarding the development of mountainous lands. Planner Jeff Valder stated the basis for revisions to the Subdivision Ordinance were to set standards for cul de sacs, road systems, sidewalks and Minutes of the Special Session of the Town Council 7/30/96 Page 1 of 4 landscaping. He said other standards such as hillside standards and cut and fill standards for roadways and non- roadway areas were drafted and sent before a committee which consisted of P&Z Commissioners Dana Saar and Low Margaret Gelinas, a representative from MCO and himself. Items needing continued discussion were reviewed by the Planning and Zoning Commission. He presented slides which depicted existing problems as a result of development in hillside areas, washes, roadways, destruction of the desert and construction of retaining walls in sloped areas. He referred to changes in the subdivision ordinance which included providing incentives to developers to promote the installation of utilities under driveways or roads rather than increased disturbance of other lands and requirements to provide fencing on the edge of a disturbance line to prevent truck traffic. Other issues referred to in the slide presentation were the abuse of hillside protection easements, replanting of vegetation before a final plat approval,the requirement of a buffer area during utility installation and construction activities,landscaping standards and retaining walls. Mayor Miles stated that Articles 1-4 did not contain any problem type issues but asked about the differences in definitions between the Zoning Ordinance and the Subdivison Ordinance. Director of Community Development Gary Jeppson answered that the P&Z Commission had agreed that the Subdivision Ordinance terminology would prevail and that the Zoning Ordinance would need to be amended to conform to the Subdivision Ordinance. Councilman O'Brien asked about the need for an environmental site assessment on private property. Mr.Jeppson stated a study was needed to ascertain if hazardous materials were present. Town Engineer Randy Harrel added that during the platting of a subdivision,a study was needed for public protection because areas could become public right-of-ways. Mr. Jeppson stated a Phase One environmental study would identify the potential for hazardous materials and a wildlife study would protect existing habitat and vegetation. Vice Mayor Lawrence asked if the Town would be liable if subsequent purchasers of real estate were to find hazardous materials not previously revealed in other studies. Town Attorney Farrell answered that the Town would not be held liable in determining the habitability of a property but rather the sales person or the public report presented by the developer would assume that responsibility. Councilwoman Wiggishoff stated developers should be given incentives to change the design of perimeter walls along subdivision lot lines from the straight, boring layout to a more meandering wall line. She also suggested sidewalks be constructed as walking trails may be more appropriate rather than concrete walkways in some areas. Mr.Jeppson said the Council should establish sidewalk standards along with language giving the Council the power to waive those standards. Mayor Miles asked Mr. Valder to explain the two procedures for determining hillside preservation requirements as to the amount of land that could be disturbed. He said the present option for calculating the percentage for hillside lot disturbance was figured as an inverse to the zoning of the property. Mr. Valder stated non-hillside lots could be entirely scraped. He pointed out the present hillside protection easements or open space recreational zoning were used on non-custom lots. He said the inclusion of roadways in hillside areas greater than 15% slope was proposed to be included in the configuration when determining the percentage of disturbed land. Mr. Jeppson added that a waiver would be needed for vertical cut and fill in excess of the ten foot limits. Mayor Miles asked for clarification whether subdivisions currently being reviewed would be subject to the revised subdivision ordinance. Mr. Valder answered that any completed application would be reviewed under the existing ordinance rather than the revised ordinance. Town Attorney Bill Farrell stated the Council could set a future date for the commencement of the revised subdivision ordinance rather than the 30 days after the adoption of the ordinance. Gregg Bielli, Vice President of MCO Properties, presented an example of an existing lot in a hillside area and his interpretation regarding the amount of land allowed to be disturbed as well as the remaining developable area. He pointed out the addition of the square footage of patios, driveways, and pool areas would exceed allowable limits. Also the addition of the 10' buffer zones and the utility corridor areas would decrease the allowable buildable acreage in subdivisions. He referred to the proposed ordinance which provided for a maximum of 7% grades for grades for streets and that he was concerned about the mountainous terrain which he proposed a 12% grade. He stated MCO had tried to design roadways to fit the terrain without necessitating a great deal of unnecessary disturbance. He indicated some 10' cut and fill waivers interfered with safety issues on collector roads and that MCO desired to work with staff with respect to those issues. Minutes of the Special Session of the Town Council 7/30/96 Page 2 of 4 Town Engineer Randy Harrel said staff had no objection to revising Section B-1-B which related to grades on collector roads to 12% on a minor collector and a 10% grade on a major collector road. Mr. Bielli said that revision would be satisfactory to MCO. Ray Baldwin, Sunridge Canyon, stated provisions relating to utility service line locations being installed under driveways would be difficult because developers did not have control over the design of those service lines. He further stated cut and fill waivers would be requested especially around drainage corridors in order to adequately design the roads. Other participants from the audience included Mitch Silver, Loras Rauch, Thomas Fox, Kay Wood, Gordon Pittensbarger, David Montgomery, Hank Lickman, Sharon Hutcheson, and Susan Ralphe. It was agreed to set a public hearing for August 15, 1996 for the Subdivision Ordinance. AGENDA ITEM #6 - 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.) No one came forward to speak. AGENDA ITEM#4-PURSUANT TO A.R.S.38-431.03.A.7.,AND A.R.S.38-431.03.A.3,VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSULTATION WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATIONS FOR THE PURCHASE OR LEASE OF REAL PROPERTY; AND FOR DISCUSSIONS OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY, RESPECTIVELY. Councilwoman Wiggishoff MOVED to go into Executive Session. Councilman Poma SECONDED the motion which CARRIED unanimously. Mayor Miles recessed the Special Session at 8:30 p.m. to go into Executive Session. AGENDA ITEM #5 - RETURN TO SPECIAL SESSION. Mayor Miles reconvened the Special Session of the Town Council at 9:04 p.m. AGENDA ITEM #7 - ADJOURNMENT. Vice Mayor Lawrence MOVED to adjourn the meeting. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. The meeting was adjourned at 9:05 p.m. Minutes of the Special Session of the Town Council 7/30/96 Page 3 of 4 TOWN OF FOUNTAIN HILLS By: /✓`�/ Je Miles, Mayor A 1TEST: . L.LAA-1---' Cassie B. Hansen, Town Clerk PREPARED BY: 7 S)6A a„—) Linda D. Lem en, 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 30th day of July, 1996. I further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of August, 1996. Cassie B. Hansen, Town Clerk Minutes of the Special Session of the Town Council 7/30/96 Page 4 of 4