HomeMy WebLinkAbout1996.1219.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
DECEMBER 19, 1996
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30
P.M., Thursday, December 19, 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 by Boy Scouts Ryan Lewis and Ken Ulrikson and the invocation
given Pastor Glenn Atchinson of the Fountain Hills Presbyterian Church, 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.
Vice Mayor Lawrence asked to remove Agenda Item #10 from the Consent Agenda. Councilman Poma asked to
remove Item#12. Mayor Miles read the remainder of the Consent Agenda which consisted of the following agenda
items.
AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF NOVEMBER
21 AND DECEMBER 5, 1996.
AGENDA ITEM#3-CONSIDERATION OF RESOLUTION 1996-88,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS ALONG THE SOUTH AND WEST PROPERTY LINES OF LOT 5,BLOCK 3,
PLAT 601A (13022 MOUNTAINSIDE),AS RECORDED IN BOOK 161 OF MAPS, PAGE 44, RECORDS
OF MARICOPA COUNTY, ARIZONA. (BEHESHTI - EA96-31)
AGENDA ITEM#4-CONSIDERATION OF RESOLUTION 1996-89,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE SOUTHERLY PROPERTY LINE OF LOT 17,BLOCK 4,PLAT 604A (15153
E. PALOMINO), AS RECORDED IN BOOK 165 OF MAPS, PAGE 16, RECORDS OF MARICOPA
COUNTY, ARIZONA. (RAFENSTEIN - EA96-50)
AGENDA ITEM #5 - CONSIDERATION OF A PRELIMINARY PLAT FOR THE CLIFF HOUSE
CONDOMINIUM PROJECT LOCATED AT 16637 E. WESTBY DRIVE, PLAT 102, BLOCK 1, LOT 3,
CASE NUMBER S96-047.
AGENDA ITEM #6 - CONSIDERATION OF PRELIMINARY PLAT FOR THE SAN LORAIN
CONDOMINIUMS PROJECT LOCATED AT 16637 E. ALMONT DRIVE, PLAT 102, BLOCK 3, LOT 3,
CASE NUMBER S96-052.
AGENDA ITEM #7 - CONSIDERATION OF A PRELIMINARY PLAT FOR THE PALM TREE VILLAS
CONDOMINIUM PROJECT LOCATED AT 16677 E. WESTBY DRIVE,PLAT 102,LOTS 7,8& 9,CASE
NUMBER S96-057.
AGENDA ITEM #8 - CONSIDERATION OF A PRELIMINARY PLAT FOR THE FOUR PEAKS A
CONDOMINIUM PROJECT V LOCATED IN PLAT 102, BLOCK 5, LOTS 5 AND 13A. CASE NUMBER
S96-058.
Minutes of the Regular Session of the Town Council 12/19/96
Page 1 of 10
AGENDA ITEM #9 - CONSIDERATION OF A PRELIMINARY PLAT FOR THE PROPERTIES OF
PACIFIC SOUTHWEST CONDOMINIUM PROJECT LOCATED AT 14215 ASHBROOK DRIVE, PLAT
111, BLOCK 5, LOT 24, CASE NUMBER S96-059.
AGENDA ITEM#11-RATIFICATION OF BOARD OF ADJUSTMENT AMENDMENTS TO DELETE THE
PROVISION FOR THE CHAIR TO ADMINISTER OATHS; TO CHANGE THE MEETING TIME FROM
7:00 P.M. TO 6:30 P.M.; TO ELECT A NEW CHAIR IN FEBRUARY INSTEAD OF OCTOBER; AND TO
STATE THE MEETING PLACE AS BUILDING B.
Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Vice Mayor Lawrence SECONDED
the motion. A roll call vote was taken with the following results:
Councilman Poma Aye
Councilwoman Wiggishoff Aye
Councilman Apps Aye
Councilman Mower Aye
Councilman O'Brien Aye
Vice Mayor Lawrence Aye
Mayor Miles Aye
The motion CARRIED.
AGENDA ITEM #10 - CONSIDERATION OF A PRELIMINARY PLAT FOR A LOT SPLIT OF LOT 1,
BLOCK 1, FINAL PLAT 605-B, 16012 E. GENOA WAY, CASE NUMBER S96-053.
Vice Mayor Lawrence asked why the sidewalk requirement was being removed from the preliminary plat stipulations.
Town Engineer Randy Harrel stated that the recently enacted Subdivision Ordinance contained sidewalk requirements
and a waiver request to eliminate sidewalk requirements must be approved by the Council. Since sidewalk was not
planned south of Segundo Drive and there was no sidewalk adjacent to Appian Way,Mr. Harrel said the waiver was
in order. Vice Mayor Lawrence MOVED to approve Case Number S96-053 as presented. Councilwoman
Wiggishoff SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #12 - CONSIDERATION OF THE EXTENSION OF PREMISE/PATIO PERMIT
APPLICATION SUBMITTED BY BRUCE CONKLIN OF THE AMERICAN LEGION FOR DECEMBER
31, 1996.
Councilman Poma asked whether opening and closing times were required to be stipulated in the request. Town
Clerk Cassie Hansen answered that the Extension of Premises permit did not require the applicant to state the
operational hours. She stated that this permit was only for members and their guests. Councilman Poma MOVED
to approve the Extension of Premises/Patio Permit submitted by the American Legion. Councilwoman Wiggishoff
SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #13 - MAGISTRATE REPORT BY JUDGE STUART SHOOS.
The monthly report for the month of November was given to the Council members prior to the meeting. Judge
Shoob was not at the meeting. Councilman Poma MOVED to accept Judge Shoob's report as submitted.
Councilman Apps SECONDED the motion which CARRIED unanimously.
Minutes of the Regular Session of the Town Council 12/19/96
Page 2 of 10
AGENDA ITEM#14-REPORT FROM MARICOPA COUNTY SHERIFF'S OFFICE REPRESENTATIVE
CONCERNING THE NUMBER OF BURGLARIES IN FOUNTAIN HILLS.
Lieutenant Gary Gregory addressed the Council relative to his report concerning the number of structural and vehicle
burglaries in the Town. Mayor Miles concluded that if residents locked their vehicles and kept their garage doors
closed,perhaps 50% of the burglaries could have been prevented. Vice Mayor Lawrence asked if the 13%clearance
rate was a typical rate in solving burglary cases. Lieutenant Gregory said burglaries were difficult crimes to solve.
Councilman Apps asked if the public was being given information regarding preventative measures. Marshal Steve
Gendler reported that two officers had recently been hired as a result of a grant award and that they would be
focusing on crime prevention. He said the results of a recent survey had indicated numerous unattended garages with
open doors as well as personal property items left laying unattended in plain view. He stated his officers would be
concentrating their efforts to inform the public of their responsibilities with taking care of their property.
AGENDA ITEM #15 - ACCEPTANCE OF ARTWORK DONATION FOR THE AVENUE OF THE
FOUNTAINS FROM BILL BEAMISH.
Bill Beamish, a member of the local Rotary Club, told the Council of the Club's plans to donate a water sculpture
as part of one of the existing fountains on the center median at the Avenue of the Fountains. He said the total cost
of the sculpture was$20,000 which would be funded mainly by the Rotary Club and assisted by individual donations
and sales of bricks for around the sculpture. He noted that the medians at the location of the Avenue of the
Fountains were still owned by MCO Properties and understood that the Town would be assuming ownership in the
near future. He asked the Council to provide written authorization of acceptance of the donation to the Rotary Club
so they could proceed with the acquisition of the sculpture. Councilman Poma MOVED to accept the artwork
donation from the Rotary Club. Councilman O'Brien SECONDED the motion. Councilman Apps asked who would
be responsible for the maintenance and future expenses connected with the sculpture. Mr.Nordin indicated the Town
would provide the maintenance and the liability for the artwork. Mr. Beamish said the Rotary Club had planned to
sponsor maintenance and future expenses connected with the sculpture. The motion CARRIED unanimously.
AGENDA ITEM #16 - CONSIDERATION OF AWARDING THE BID FOR PHASE 4 CONSTRUCTION
AT GOLDEN EAGLE PARK.
Town Attorney Bill Farrell stated nine proposals had been submitted which consisted of a base bid along with three
additional alternates. He informed the Council that the Arizona Department of Water Resources had notified the
Town that in reviewing the plans they could require additional dirt relocation at one corner of Golden Eagle Park
and that costs for this requirement had not yet been established. He suggested that even though funding for$900,000
had been provided in the current budget, the base bid should be awarded at this time to Wellington West on the
condition that Wellington West agreed in writing to hold firm the three additional alternates for a 90-day period.
He estimated that staff could provide cost estimates for the ADWR work within that 90-day period and that change
orders could be effectuated for Council authorization as well as the awarding of one,two, or all three add alternates.
He noted Wellington West had provided a written agreement to assure the three alternate's costs for 90 days.
Councilman O'Brien MOVED to accept the base bid of Wellington West in the amount of $710,087.00 and the
alternates as stipulated by the Town Attorney. Councilman Apps SECONDED the motion which was CARRIED
unanimously.
Minutes of the Regular Session of the Town Council 12/19/96
Page 3 of 10
AGENDA ITEM#17-CONSIDERATION OF AWARDING THE BID FOR THE STREET MAINTENANCE
BUILDING CONTRACT, ENG 96-001.
Town Engineer Randy Harrel stated 12 bids had been opened on December 17th and recommended awarding the
low bid for the Street Maintenance Building contract to Agate, Inc. in the amount of$184,600 which included Add
Alternate #1. Councilwoman Wiggishoff MOVED to award the bid to Agate, Inc. Councilman O'Brien
SECONDED the motion. Town Manager Paul Nordin stated this bid had exceeded budgeted funds ($150,000) for
the contract but that funds were available to cover the excess. Mr. Harrel stated that the Engineer's estimate had
been $180,000. The motion CARRIED unanimously.
AGENDA ITEM#18-CONSIDERATION OF APPROVING A BUDGET FOR FOUNTAIN PARK FOR THE
REMAINDER OF FISCAL YEAR 1996/97.
Mr.Nordin presented a line item breakdown of the $174,965 Fountain Park budget for the remainder of the 1996-97
fiscal year. He said the budget included the possible hiring of two MCO employees as Town employees, one
position as Foreman and the other as a Park Maintenance Worker. The two employees would tentatively be included
in the Engineering/Street Department and would be evaluated after a trial period. He asked that the Council approve
the budget contingent upon receiving a favorable report from environmental testing work. Mr. Nordin pointed out
that the foreman's wages reflected the current wages paid to him by MCO whereas the park maintenance worker
would receive wages consistent to an existing pay scale for a park maintenance worker.
Mary Pilarinos asked the Council if there were sufficient funds to cover the expenses of ownership of Fountain Park.
Mayor Miles said the agreement with MCO had been previously ratified by the Council.
The Council approved the Fountain Park line item budget by a 6-1 roll call vote. Councilman Poma cast the nay
vote.
AGENDA ITEM#19-CONSIDERATION OF REJECTING ALL PROPOSALS SUBMITTED FOR TOWN
ATTORNEY SERVICES AND ADOPTING A PROCEDURE FOR A NEW TOWN ATTORNEY REQUEST
FOR PROPOSAL PROJECT.
Mr. Nordin said he had conferred with an independent counsel regarding procedural errors made regarding the
acceptance of proposals submitted for the Town Attorney position. He suggested to reject all proposals and re-
advertise and accept new sealed proposals. He presented a revised schedule which resulted in a two-week delay from
the original schedule. He stated the eleven applicants were advised of the rejection and invited to resubmit a new
proposal. Councilman O'Brien MOVED to reject all proposals as stated by Mr. Nordin and proceed with re-
advertising. Councilman Poma SECONDED the motion.
Vice Mayor Lawrence MOVED to amend the motion by including that the proposals previously submitted be made
public documents. Councilman Apps SECONDED the amendment. Mayor Miles asked the members of the
Council, the Town Attorney and the Town Clerk whether information in the proposals had been distributed and he
stated he thought it was inappropriate to make the proposals a public document. Mr. Nordin said he could not
guarantee the confidentiality of the submitted proposals due to procedural errors. He stated that the RFP had
statements in it which guarantee the confidentiality of proposals until the award was made. A roll call vote of the
amendment FAILED with a 4-3 vote. Councilman Apps, Poma and Vice Mayor Lawrence cast the aye votes.
Vice Mayor Lawrence further MOVED to amend the motion to change the proposed schedule to re-advertise starting
in the second and third week in January and revise the schedule accordingly. Councilman O'Brien said he thought
Minutes of the Regular Session of the Town Council 12/19/96
Page 4 of 10
many of the newly submitted proposals would be relatively the same as the first group. Councilman Apps
SECONDED the amendment. Vice Mayor Lawrence stated he thought advertising during the holidays would be
4111110, pointless and other firms might be interested in applying. Councilman Apps said possibly more proposals might be
received if advertising commenced after the first of the year. A roll call vote of the amendment resulted in a 5-2
vote. The amendment FAILED. Councilman Apps and Vice Mayor Lawrence cast the aye votes.
Councilman O'Brien MOVED to amend the motion to move the deadline for receiving proposals from January 7,
1997 to January 14, 1997 and to change the remainder of the schedule accordingly. Councilwoman Wiggishoff
SECONDED the amendment which CARRIED unanimously.
A vote on the main motion CARRIED unanimously.
AGENDA ITEM #20 - CONSIDERATION OF CHANGING THE JANUARY MEETING DATES OF THE
TOWN COUNCIL MEETINGS DUE TO THE NEW YEAR'S EVE HOLIDAY AND SCHEDULING
ADDITIONAL MEETINGS FOR JANUARY AND FEBRUARY, 1997.
Town Manager Nordin asked the Council to consider changing the January Council meeting dates because the first
Council meeting was scheduled for January 2, 1997. He stated that since January had five Thursdays, the meeting
dates could be changed to allow staff adequate time to prepare staff reports. Councilman Poma MOVED to change
the January Council meeting dates from the first and third Thursday of January to the second and fourth Thursday
of January (January 9th and 23rd). Councilwoman Wiggishoff SECONDED the motion which CARRIED
unanimously. Mr. Nordin stated that the Planning &Zoning Commission meeting dates had also been changed for
the month of January. Vice Mayor Lawrence suggested moving the joint meeting with the Parks & Recreation
Commission to February. Councilman O'Brien suggested rescheduling the two police meetings in the fifth week
of January to sometime in February. Mr. Nordin said he would provide an updated schedule.
L
AGENDA ITEM #21 - CONSIDERATION OF THE PRELIMINARY PLAT OF THE TOWN CENTER 1
SUBDIVISION.
Director of Community Development Gary Jeppson stated the Town Center 1 Subdivision consisted of 46.5 acres
and was divided into eight lots. He said Planning&Zoning Commission had recommended that the median located
along Fountain Hills Boulevard to be constructed as a flush median and had recommended approval with several
stipulations. He said a minor change to Stipulation#12 was to eliminate the 10' additional disturbance allowance.
Councilman Mower asked about Stipulation#6 which dealt with roadway construction. Town Engineer Randy Harrel
stated that the four specified roadways were off-site of the Town Center 1 Subdivision project and were not the
responsibility of the developer. He said the specified roadway segments should be designed with the development
of the Town Center 1 Subdivision in order to maintain a contiguous design. Councilman Apps asked if a traffic
control system was planned for the intersection of Avenue of the Fountains and Palisades Boulevard. Mr. Harrel
said there would be a stop sign on Avenue of the Fountains and an emergency flasher on Palisades. As the traffic
volume grows, Mr. Harrel said he anticipated installing a signal at that location. The underground system utilities
would be constructed by the developer with the initial construction and the developer would assume the cost of the
emergency flasher and half the cost of the traffic signal.
Mike Snodgrass, representing the developer, MCO Properties, told the Council Parcel #1 was being considered for
a residential retirement area. He confirmed agreement with the stipulations as submitted by staff.
Vice Mayor Lawrence MOVED to approve the Preliminary Plat for Town Center 1 Subdivision. Councilman Poma
SECONDED the motion.
Lie Minutes of the Regular Session of the Town Council 12/19/96
Page 5 of 10
Charles Boyd, representing Palisades Plaza Shopping Center, asked if the flush median planned for Fountain Hills
Boulevard from the second most southerly access to the Shopping Center to Avenida Vida Buena was included in
the stipulations. Mr. Jeppson stated that the recommendation included Stipulation#11 which provided for a road-
NOW grade median. Councilman O'Brien clarified that a raised median had been approved for the northerly area by the
shopping center accesses on Fountain Hills Boulevard with the Preliminary Plat approval for the Tokpela Subdivision.
Town Attorney Bill Farrell stated that the only issue before the Council was the construction of road grade medians
south of the second access to the Shopping Center. Mr. Jeppson stated that a traffic count was reviewed by the P&Z
Commission and Stipulation #11 was then recommended as submitted. He said the P&Z Commission had
recommended future discussion concerning the raised median construction at the northern two access areas on
Fountain Hills Boulevard which had been approved by a previous Council. Mr. Nordin stated the Council could
review this decision at their meeting in January if desired.
Councilman Mower asked if a four-way stop was planned for Westby Drive and Palisades Boulevard. Mr. Harrel
stated that the volume of traffic generated in that area would not substantiate a need for a traffic stop at that location.
After a roll call vote, the motion CARRIED with a 5-2 vote. Councilman Mower and O'Brien cast the nay votes.
AGENDA ITEM#22-PUBLIC HEARING ON ORDINANCE 96-51,A PROPOSED AMENDMENT TO THE
OFFICIAL ZONING MAP OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO
REZONE 43,392 SQUARE FEET OF TRACT C-1 IN THE EAGLE MOUNTAIN MASTER SUBDIVISION
FROM"OSR",OPEN SPACE RECREATIONAL TO THE"R1-8A"ZONING DISTRICT,CASE NUMBER
Z96-28.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:55 p.m. Mr.
Jeppson stated the change of zoning was requested to allow an extension of the "R1-8A" zoning for Parcel #7 into
an unused graded golf course area. Mike Renada, representing Eagle Mountain, was present to answer questions
from the Council. No one came forward from the public to speak for or against Ordinance 96-51.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 7:58 p.m.
AGENDA ITEM#23-CONSIDERATION OF ORDINANCE 96-51,A PROPOSED AMENDMENT TO THE
OFFICIAL ZONING MAP OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO
REZONE 43,392 SQUARE FEET OF TRACT C-1 IN THE EAGLE MOUNTAIN MASTER SUBDIVISION
FROM"OSR",OPEN SPACE RECREATIONAL TO THE"R1-8A"ZONING DISTRICT,CASE NUMBER
Z96-28.
Vice Mayor Lawrence MOVED to approve Ordinance 96-51, Case Number Z96-28. Councilwoman Wiggishoff
SECONDED the motion which CARRIED with a 6-1 roll call vote. Councilman O'Brien cast the nay vote.
AGENDA ITEM#24-PUBLIC HEARING ON ORDINANCE 96-52,A PROPOSED AMENDMENT TO THE
OFFICIAL ZONING MAP OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO
REZONE ALL OF TRACT 3A (59,781 SQUARE FEET) IN THE EAGLE MOUNTAIN MASTER
SUBDIVISION FROM THE "C-1"ZONING DISTRICT TO THE "OSR"OPEN SPACE RECREATIONAL
ZONING DISTRICT, CASE NUMBER Z96-27.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:59 p.m.
Minutes of the Regular Session of the Town Council 12/19/96
Page 6 of 10
Mr.Jeppson stated the zoning change was being requested because the "C-1"use previously planned for that location
was not going to be developed. No one came forward from the public to speak for or against Ordinance 96-52.
rr► Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:00 p.m.
AGENDA ITEM#25-CONSIDERATION OF ORDINANCE 96-52,A PROPOSED AMENDMENT TO THE
OFFICIAL ZONING MAP OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO
REZONE ALL OF TRACT 3A (59,781 SQUARE FEET) IN THE EAGLE MOUNTAIN MASTER
SUBDIVISION FROM THE "C-1"ZONING DISTRICT TO THE"OSR"OPEN SPACE RECREATIONAL
ZONING DISTRICT, CASE NUMBER Z96-27.
Councilman Poma MOVED to approve Ordinance 96-52. Councilwoman Wiggishoff SECONDED the motion
which CARRIED unanimously.
AGENDA ITEM #26 - PUBLIC HEARING ON ORDINANCE 96-53, A PROPOSED AMENDMENT TO
CHAPTER 6,SECTION 6.12 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO
PERMIT PERMANENT OFF-PREMISE SIGNS IN MASTER-PLANNED VILLAGES BY SPECIAL USE
PERMIT ONLY, CASE NUMBER Z96-14.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:02 p.m.
Mr. Jeppson stated there were two master-planned villages in the Town, namely Eagle Mountain and Sunridge
Canyon. He said this amendment would allow placement of permanent signs outside of the street rights-of-way to
advertise the subdivision's development and would be removed upon completion of the initial sales of the
development. Signs would be allowed through a special use permit reviewed by the Council. The temporary signs
used by developers to direct buyers to projects would still be permitted.
Ray Baldwin,Sunridge Canyon developer,stated a comprehensive sign package had been approved in May for signs
within the development and that he supported the proposed amendment for permanent off-premise signs. Town
Attorney Farrell stated that when a special use permit was applied for,the Council could restrict the number of signs
only within the Town's jurisdiction.
No one came forward from the public to speak for or against Ordinance 96-53. Mayor Miles closed the public
hearing and reconvened the Regular Session of the Town Council at 8:10 p.m.
AGENDA ITEM #27 - CONSIDERATION OF ORDINANCE 96-53, A PROPOSED AMENDMENT TO
CHAPTER 6,SECTION 6.12 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO
PERMIT PERMANENT OFF-PREMISE SIGNS IN MASTER-PLANNED VILLAGES BY SPECIAL USE
PERMIT ONLY, CASE NUMBER Z96-14.
Vice Mayor Lawrence MOVED to approve Ordinance 96-53 as presented. Because there was no second to the
motion, the motion DIED.
AGENDA ITEM#28-PUBLIC HEARING ON ORDINANCE 96-54,A PROPOSED AMENDMENT TO THE
ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO INCREASE THE NUMBER OF
Low Minutes of the Regular Session of the Town Council 12/19/96
Page 7 of 10
BEDROOMS THAT CAN BE UTILIZED IN A BED AND BREAKFAST ESTABLISHMENT IN SINGLE
AND MULTI-FAMILY RESIDENTIAL ZONING DISTRICTS, CASE NUMBER Z96-35.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:12 p.m. Mr.
Jeppson reviewed the proposed ordinance which included two provisions. The first would permit bed and breakfast
operations in lower density zoning districts to allow four bedrooms by a temporary use permit and the second would
allow
up to 12 bedrooms per unit in multi-family districts by special use permit. He stated the P&Z Commission had
recommended denial of this proposed ordinance.
Nan Lesnick, operator of Sycamore Canyon Bed and Breakfast, expressed her approval for the section which
increased from two to four bedrooms in certain residential districts. She said this would allow bed and breakfast
operations an opportunity to operate as a money-making business. Phyllis Kern supported the ordinance and
suggested adequate off-street parking be provided when applications are being considered. Paul Kostura said he
didn't believe a bed and breakfast operation belonged in a residentially zoned district. He spoke in opposition to
the increase in the number of allowed bedrooms.
Vice Mayor Lawrence asked if bed and breakfast operations were considered a home occupation. Mr.Jeppson stated
they were and that they were required to conform to home occupation guidelines contained in the Zoning Ordinance.
Vice Mayor Lawrence also asked if converting from 2 to 4 bedrooms required additional parking spaces. Mr.
Jeppson answered that four additional non-tandem parking spaces would be required. Councilman Apps asked for
clarification as to the number of rooms which require compliance with ADA standards. Mr. Jeppson answered that
when there were five or more bedrooms in a unit, ADA requirements must be met.
Edwin Kehe said he perceived the public's opposition to bed and breakfast establishments in residential zones and
that permitting more rooms would increase negative feelings in the community. Pam Carlson, a current B&B
operator, said she did not consider a four bedroom bed and breakfast operation as a hinderance to any neighborhood
any more than any other home occupation.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:29 p.m.
AGENDA ITEM#29-CONSIDERATION ON ORDINANCE 96-54,A PROPOSED AMENDMENT TO THE
ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO INCREASE THE NUMBER OF
BEDROOMS THAT CAN BE UTILIZED IN A BED AND BREAKFAST ESTABLISHMENT IN SINGLE
AND MULTI-FAMILY RESIDENTIAL ZONING DISTRICTS, CASE NUMBER Z96-35.
Councilwoman Wiggishoff MOVED to approve Ordinance 96-54 for discussion purposes. Councilman Mower
SECONDED the motion.
Councilwoman Wiggishoff pointed out that the increase from two to four bedrooms was only being allowed in lower
density zoned districts such as R1-35 and above. She said the character of the residential neighborhoods should be
preserved and opposed the amendment which allowed up to twelve units in multi-family zoned areas. She stated
signage restrictions had to be obeyed and compliance with required parking spaces would be difficult without
acquiring large paved areas. She said she was concerned that a 12-room facility might become a boarding house
and that the purpose of the ordinance to create more bed and breakfast bedrooms would be defeated. She suggested
a 12-room facility be allowed in a "C-1" zoned district.
Vice Mayor Lawrence MOVED to amend the motion to delete the section allowing up to 12 bedrooms in a multi-
family zoned district. Councilman Poma SECONDED the motion. Mayor Miles asked if a postponement was in
order to allow time to redraft the ordinance. Vice Mayor Lawrence stated that 12 unit projects in residential
Minutes of the Regular Session of the Town Council 12/19/96
Page 8 of 10
neighborhoods were inappropriate and an intrusion into small residential living areas. Councilman O'Brien said he
would support twelve units in a commercial district but not in a multi-family district. He said he viewed the change
to allow up to twelve units as a major change for the community and said he would not support either of the
amendments contained in the ordinance. The motion to amend CARRIED unanimously.
Mr.Jeppson clarified that the remainder of the ordinance to consider would be to allow up to four bedrooms in lower
density zoned areas, R1-35 and higher as well as all multi-family zoned areas with an approved temporary use
permit. Mayor Miles suggested a special use permit be granted rather than a temporary use permit for the extra two
rooms. Vice Mayor Lawrence said he opposed the remainder of the ordinance. He said if the bed and breakfast
operations were a home occupation with a business license, stipulations concerning the limit of five trips or visits
per day would be difficult to comply with if four tenants rented at the same location. Also, he had concerns about
increased parking requirements, large amounts of paved areas, increased traffic congestion,and increased noise with
the allowable extra two-room capacity of bed and breakfast operations. Councilman Poma said he was worried about
large amounts of blacktopped areas for parking.
Nan Lesnick said her particular residence had graded areas for accommodating additional cars. Phyllis Kern said
her overall occupancy rate was only about 18% which made it difficult to operate a profitable business. Steve
Russell stated he thought a bed and breakfast operation was not appropriate in residential districts.
Mr. Jeppson pointed out that the code required paved areas for parking for facilities of up to four units or less.
The roll call vote on the motion to approve FAILED with a 4-3 vote. Mayor Miles,Councilman Mower and Poma
cast the aye votes.
AGENDA ITEM#30-CONSIDERATION ON ORDINANCE 96-56,A PROPOSED AMENDMENT TO THE
SUBDIVISION ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REQUIRE TRACTS OF LAND
TO ELIMINATE THROUGH LOTS.
Planner Jeff Valder said this amendment was previously considered as an amendment to the Zoning Ordinance which
ultimately would have created a burden on existing lot owners to comply with the requirements. As a result, staff
had prepared an amendment to the Subdivision Ordinance that would only apply the standards to new subdivisions
where homeowner's associations would require landscape maintenance of the 20' strip between the curb and a
subdivision wall. He stated he had added the requirement to street side-yard roads and that arterial roads were
already included under the Subdivision Ordinance.
Mr.Jeppson said an amendment to the Subdivision Ordinance did not necessarily need to go through a public hearing
process with the P&Z Commission.
Vice Mayor Lawrence said he wanted P&Z Commission input to this amendment and MOVED to refer Ordinance
96-56 to the Planning & Zoning Commission for a public hearing. Councilwoman Wiggishoff SECONDED the
motion which CARRIED unanimously.
AGENDA ITEM#31 - 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 from the public.
Minutes of the Regular Session of the Town Council 12/19/96
Page 9 of 10
AGENDA ITEM #32 - ADJOURNMENT.
Councilman Mower MOVED to adjourn the meeting. Councilwoman Wiggishoff SECONDED the motion which
CARRIED unanimously. Mayor Miles adjourned the meeting at 8:56 p.m.
TOWN OF FOUNTAIN HILLS
By:
Je Miles, Mayor
A 1TEST: C r�L
Cassie B. Hansen, Town Clerk
PREPARED BY:
Linda D. Lemmen, 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 19th day of December, 1996. I further certify that the meeting
was duly called and that a quorum was present.
DATED this 9th day of January, 1997.
04.44.4. 1)
Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 12/19/96
Page 10 of 10