HomeMy WebLinkAbout1997.0220.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
FEBRUARY 20, 1997
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30
P.M., Thursday, February 20, 1997, 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 which was led by Taylor Combs from Boy Scout Troop 343 and
the invocation given by Pastor Don Schrage of the Trinity Lutheran Church,roll call was taken. Present for roll call
were the following members of the Fountain Hills Town Council: Mayor Jerry Miles, Vice Mayor Bill O'Brien and
Councilmembers Don Lawrence, Marianne Wiggishoff, Sid Apps, and Al Poma. Councilman Penfield Mower was
absent. 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 Planners Jeff Valder and Geir
Sverdrup.
Mayor Miles read the Consent Agenda which consisted of the following agenda items:
AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF FEBRUARY
6TH, 1997.
AGENDA ITEM#3-CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY DENNIS
DANIEL FOR THE NOON KIWANIS CLUB OF FOUNTAIN HILLS FOR A FLEA MARKET FUND
Lrf RAISER. THE EVENT WILL BE HELD SATURDAY,APRIL 12, 1997 FROM 7:00 A.M.TO 1:00 P.M. IN
THE EAST PARKING LOT OF THE FOUNTAIN HILLS HIGH SCHOOL. NO STREET CLOSURE WILL
BE NECESSARY.
AGENDA ITEM #4 - CONSIDERATION OF THE APPLICATION FOR EXTENSION OF
PREMISES/PATIO PERMIT SUBMITTED BY JOEL FAVILLE FOR FAVILLE'S ON THE AVENUE,
LOCATED AT 16834 EAST AVENUE OF THE FOUNTAINS. THE APPLICATION IS FOR FRIDAY,
SATURDAY AND SUNDAY, FEBRUARY 21ST, 22ND AND 23RD, 1997 DURING THE GREAT FAIR.
AGENDA ITEM#5-CONSIDERATION OF APPROVING THE INTERGOVERNMENTAL AGREEMENT
WITH THE GOVERNOR'S OFFICE OF DRUG POLICY FOR FUNDS TO USE IN THE FOUNTAIN
HILLS DARE PROGRAM.
AGENDA ITEM#6-CONSIDERATION OF RESOLUTION 1997-04 ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE WESTERLY AND SOUTHERLY PROPERTY LINES OF LOT 12, BLOCK
7, PLAT 204 (17153 E. RAND DRIVE), AS RECORDED IN BOOK 142 MAPS, PAGE 10, RECORDS OF
MARICOPA COUNTY, ARIZONA. (STEPHENS - EA97-02)
AGENDA ITEM#7-CONSIDERATION OF RESOLUTION 1997-05 ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE EASTERLY PROPERTY LINE OF LOT 21,BLOCK 3,PLAT 506A(15803 N.
EAGLES NEST), AS RECORDED IN BOOK 159 OF MAPS, PAGE 30, RECORDS OF MARICOPA
COUNTY, ARIZONA. (MCLAUGHLIN - EA 97-03)
Minutes of the Regular Session of the Town Council 02/20/97
Page 1 of 9
AGENDA ITEM#8-CONSIDERATION OF RESOLUTION 1997-06 ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE SOUTHERLY PROPERTY LINE OF LOT 33,_BLOCK 3,PLAT 505C (16415
N. PICATINNY WAY), AS RECORDED IN BOOK 158 OF MAPS,PAGE 42, RECORDS OF MARICOPA
COUNTY, ARIZONA. (POTESHMAN - EA 97-04)
AGENDA ITEM #9 - CONSIDERATION OF THE FINAL PLAT FOR "PACIFIC SOUTHWEST
CONDOMINIUMS V" A TWO UNIT CONDOMINIUM PROJECT LOCATED AT 12031 N.LAMONT DR.,
AKA LOT 9, BLOCK 1, PLAT 201, CASE # S96-061.
AGENDA ITEM #10 - CONSIDERATION OF THE FINAL PLAT FOR "KENDALL CONDOMINIUMS
ONE" A TWO UNIT CONDOMINIUM PROJECT LOCATED AT 13816 KENDALL DR., AKA LOT 13,
BLOCK 3, PLAT 104, CASE # S97-003.
AGENDA ITEM #11 - CONSIDERATION OF THE FINAL PLAT FOR "KENDALL CONDOMINIUMS
TWO" A TWO UNIT CONDOMINIUM PROJECT LOCATED AT 13824 KENDALL DR., AKA LOT 14,
BLOCK 3, PLAT 104, CASE # S97-004.
AGENDA ITEM #12 - CONSIDERATION OF A PRELIMINARY PLAT FOR "FOUR TOP
CONDOMINIUMS" A FOUR UNIT CONDOMINIUM AND TWO LOT JOIN PROJECT LOCATED AT
16524 E. LOST ARROW DR., AKA LOTS 4 & 5, BLOCK 4, PLAT 206, CASE #S97-009.
AGENDA ITEM #13 - CONSIDERATION OF THE FINAL PLAT FOR "EAST ALAMOSA PLACE
CONDOMINIUMS" A TWO UNIT CONDOMINIUM PROJECT LOCATED AT 16827 E.ALAMOSA PL.,
AKA LOT 3, BLOCK 3, PLAT 105, CASE #S96-062.
AGENDA ITEM #14 - CONSIDERATION OF THE FINAL PLAT FOR "SUNFLOWER VILLA
CONDOMINIUMS" A FOUR UNIT CONDOMINIUM PROJECT LOCATED AT 16019 E. SUNFLOWER
DR., AKA LOT 1, BLOCK 2, PLAT 601-A, CASE # S97-006.
AGENDA ITEM#15 - CONSIDERATION OF INCREASING THE ALLOCATION OF FY 96-97 BUDGET
AUTHORIZED FOR CONTRACT ENG95-002 EMULSION SEAL BY $10,000.
Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Councilman Poma SECONDED the
motion. A roll call vote was taken with the following results:
Councilman Apps Aye
Councilman Lawrence Aye
Vice Mayor O'Brien Aye
Councilman Poma Aye
Councilwoman Wiggishoff Aye
Mayor Miles Aye
The motion CARRIED.
AGENDA ITEM #16 - MONTHLY REPORT BY MAGISTRATE STUART SHOOB.
Magistrate Shoob had delivered his report to the Council prior to the meeting because he was unable to attend.
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AGENDA ITEM #17 - PRESENTATION BY INFORMATION SYSTEMS TECHNICIAN PETER
PUTTERMAN ON THE TOWN'S WORLD WIDE WEB SITE AND INTERNET ACCESS.
‘410 Mr. Putterman explained that the Internet access connection and the web site on the World Wide Web
were accomplished through Arizona State University software. He pointed out the benefits of the web site and
displayed what the Town of Fountain Hills page looked like to date. Additional information will be input on the
page to enable citizens to access current projects, ordinances, budgets, and activities sponsored by the Town. Mr.
Putterman stated the video-taping of all Council meetings, starting with the meeting at present, would be shown on
Channel 11 several times during the week following the Council meeting. Councilman Apps asked whether users
could register for Parks & Recreation activities using the web site. Mr. Putterman replied that liability issues had
not been resolved and registration was not possible at the present time. Councilman Lawrence commended Mr.
Putterman on his presentation and achievements in organizing the web site.
AGENDA ITEM #18 - CONSIDERATION OF THE DESIGN CONTRACT FOR FOUR PEAKS
NEIGHBORHOOD PARK.
Director of Parks&Recreation Robin Goodman stated the design contract for E-Group for Four Peaks Neighborhood
Park was in the amount of$53,000. Councilman Lawrence MOVED to award the design contract for Four Peaks
Neighborhood Park, Project #FPNP97-011 to E-Group in the amount of $53,000. Councilwoman Wiggishoff
SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #19 - CONSIDERATION OF CHANGE ORDER #2 FOR GOLDEN EAGLE PARK TO
REMOVE AN EFFLUENT WATER LINE OR CONTRACTING WITH MCO PROPERTIES DIRECTLY.
tklior Town Engineer Randy Harrel stated the work on Golden Eagle Park, Phase IV, necessitated the removal of an
effluent water line which was in the parking lot construction area. He pointed out that the type of effluent pipe
that was present would be required to be hauled away to a landfill. Prices for removal of the pipeline were requested
from Wellington West, the contractor for Phase IV, as well as the contractor for the utility owner,MCO Properties.
Mr. Harrel recommended the Town issue a purchase order to MCO Properties for their contractor,LTC, to perform
the relocation and removal of the 12" effluent line in the amount of$19,600.
Councilman Lawrence MOVED the approval of the Change Order as presented. Vice Mayor O'Brien SECONDED
the motion which CARRIED unanimously.
AGENDA ITEM #20 - CONSIDERATION OF ORDINANCE 97-06, AN ORDINANCE OF THE MAYOR
AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AMENDING THE TOWN
CODE, CHAPTER 12, ARTICLE 12-2, TRAFFIC CONTROL, SECTION 12-2-12, COMMERCIAL
VEHICLES PROHIBITED ON CERTAIN STREETS, BY ADDING PALISADES BOULEVARD AND A
PORTION OF GOLDEN EAGLE BOULEVARD TO THE DESIGNATED TRUCK ROUTE LIST, BY
REMOVING CERTAIN PORTIONS OF SAGUARO BOULEVARD FROM SAME,BY CREATING A NEW
SUBSECTION D, DESIGNATED "THROUGH TRUCK ROUTES", AND BY RE-DESIGNATING SHEA
BOULEVARD AS A "THROUGH TRUCK ROUTE."
Town Engineer Randy Harrel stated the Council had previously indicated their approval for the truck routes to add
Palisades Boulevard as well as a portion of Golden Eagle Boulevard,remove certain portions of Saguaro Boulevard
and the designate Shea Boulevard as a "through" truck route in Ordinance 97-06. He since added language into the
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through truck route section of the ordinance that permitted trucks that exited or entered on McDowell Mountain Road
could use any designated truck route. Councilman Lawrence asked about the portion of Golden Eagle Boulevard
and suggested the traffic in the high school and Golden Eagle Park area was significant enough to warrant signage
to prevent trucks from using Glenbrook. Mr. Harrel said he had received a letter from Tim Brown opposing the
truck route extension on Golden Eagle Boulevard to the intersection of Boulder and Sierra Madre. Councilman
Lawrence said he thought a problems might be created by the increased construction truck traffic by the high school.
He suggested an alternate route be found to direct traffic away from the school. Councilman Apps asked what the
speed limits were in that particular area and whether speeds could be restricted during heavy traffic times. Mr.
Harrel informed the Council the present speed limit was 45 mph on Golden Eagle Boulevard but that he would
review the speed limits after Palisades Boulevard was opened to amend the limits to 45 mph on Palisades Boulevard
and 35 or 40 mph on Golden Eagle Boulevard. Councilwoman Wiggishoff said she approved of restricting speed
limits during peak times but that Golden Eagle was a four-lane divided highway connected to Palisades Boulevard
and was the best route at this time. Councilwoman Wiggishoff MOVED to approve Ordinance 97-06 as described.
Councilman Apps SECONDED the motion which CARRIED with a 5-1 vote. Councilman Lawrence cast the nay
vote.
AGENDA ITEM #21 - CONSIDERATION OF ORDINANCE 97-07, AMENDING THE TOWN CODE,
CHAPTER 16, STREETS AND SIDEWALKS,ARTICLE 16-1, ENCROACHMENTS, SECTIONS 16-1-1,
DEFINITIONS, 16-1-2, PERMIT REQUIRED, 16-1-12, REVOCATION OF PERMIT, 16-1-16, EXISTING
AND EMERGENCY WORK,AND 16-1-18, EXCAVATION OF NEWLY PAVED STREETS,BY ADDING
A DEFINITION OF "URGENT NECESSITY" AND BY ADDING PENALTIES FOR FAILING TO
IMMEDIATELY RESTORE THE ROAD SURFACE AND FOR EMERGENCY EXCAVATION OF NEWLY
CONSTRUCTED OR RESURFACED STREETS.
Town Engineer Randy Harrel requested a one-month delay so he could schedule meetings with utility contractors
to work together to negotiate language for this ordinance. He stated there had been numerous problems with work
cof in the right-of-ways getting repaired and repaved. He said the Town Code contained vague language regarding
compliance with restoration of the rights-of-way and that more explicit language should be contained to assist him
in following through when work was not completed such as backfilling. Other problems with cutting of streets that
had recently been paved, sealed or overlayed needed to be addressed as well as the definition of emergency
situations.
Councilman Lawrence MOVED to direct staff to meet with the utility companies to refine the language and return
in one month's time with an ordinance the Council could consider. Councilman Poma SECONDED the motion.
Councilman Apps said he wanted strict compliance with the regulations regarding backfilling, etc.
Frank Kainrath encouraged the Council to consider time limits on backfilling.
The motion CARRIED unanimously.
AGENDA ITEM#22 - CONSIDERATION OF THE FINAL PLAT FOR "CUESTA ACRES" A FIVE LOT
SUBDIVISION PLAT LOCATED BETWEEN FOUNTAIN HILLS BLVD. AND MOUNTAINSIDE DRIVE
SOUTH OF COLONY WASH, CASE #96-020.
Planner Geir Sverdrup said the recent rezone of this property from R-3 to R1-10 and preliminary plat for this
development resulted in a large area of hillside preservation. The applicant, Folmer Nyby, said he had agreed to all
the stipulations including the partial expenses for curb and gutter. Mr.Harrel stated a participation agreement would
be presented to the Council for approval in about one month. Mr. Nyby said he had offered contributions for one-
Minutes of the Regular Session of the Town Council 02/20/97
Page 4 of 9
half of the cost of the total with a $15,000 cap and Mr. Harrel estimated that the Town would contribute around
$10,000.
Councilwoman Wiggishoff MOVED to approve Case#96-020, the Final Plat for Cuesta Acres. Councilman Poma
SECONDED the motion which CARRIED unanimously.
AGENDA ITEM#23 -PUBLIC HEARING ON ORDINANCE 97-02,TO RECEIVE PUBLIC TESTIMONY
ON A PROPOSAL TO REZONE 1.951t ACRES OF LAND LOCATED WITHIN THE PROPOSED
SUNRIDGE CANYON PARCEL "E" SUBDIVISION FROM THE "R1-10A" TO THE "OSR" ZONING
DISTRICT,SO THAT ALL OF THE NON-LOTTED TRACTS OF LAND WITHIN AND ABUTTING THE
PROPOSED SUNRIDGE CANYON PARCEL "E" SUBDIVISION WILL BE LOCATED IN THE "OSR"
ZONING DISTRICT,AND; A PROPOSAL TO REZONE 0.644t ACRES OF LAND LOCATED WITHIN
THE PROPOSED SUNRIDGE CANYON PARCEL "E" SUBDIVISION FROM THE "OSR" TO THE "R1-
10A" ZONING DISTRICT, SO THAT ALL OF THE DEVELOPABLE LOTS WITHIN THE PROPOSED
SUNRIDGE CANYON PARCEL "E" SUBDIVISION WILL BE LOCATED IN THE "R1-10A" ZONING
DISTRICT, CASE NUMBER Z96-12.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:29 p.m.
Planner Jeff Valder stated this ordinance was designed to rezone all areas not within lots to "OSR" zoning and all
of the lots as "R1-10A" zoning. He said this subdivision was one large cul-de-sac project that required a special
collector road as a stipulation. There were no comments from the public.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 7:31 p.m.
cor AGENDA ITEM#24- CONSIDERATION OF ORDINANCE 97-02, REZONING 1.951t ACRES OF LAND
LOCATED WITHIN THE PROPOSED SUNRIDGE CANYON PARCEL "E" SUBDIVISION FROM THE
"R1-10A" TO THE "OSR" ZONING DISTRICT, SO THAT ALL OF THE NON-LOTTED TRACTS OF
LAND WITHIN AND ABUTTING THE PROPOSED SUNRIDGE CANYON PARCEL "E" SUBDIVISION
WILL BE LOCATED IN THE "OSR" ZONING DISTRICT, AND; A PROPOSAL TO REZONE 0.644±
ACRES OF LAND LOCATED WITHIN THE PROPOSED SUNRIDGE CANYON PARCEL "E"
SUBDIVISION FROM THE "OSR" TO THE "R1-10A" ZONING DISTRICT, SO THAT ALL OF THE
DEVELOPABLE LOTS WITHIN THE PROPOSED SUNRIDGE CANYON PARCEL "E" SUBDIVISION
WILL BE LOCATED IN THE "R1-10A" ZONING DISTRICT, CASE NUMBER Z96-12.
Councilman Apps MOVED to approve Ordinance 97-02 as presented. Councilman Lawrence SECONDED the
motion which CARRIED unanimously.
AGENDA ITEM #25 - CONSIDERATION OF THE FINAL PLAT FOR THE SUNRIDGE CANYON
PARCEL "E" SUBDIVISION, A 39.915 ACRE, 35-LOT SUBDIVISION LOCATED SOUTH OF SIERRA
MADRE DRIVE, WEST OF GOLDEN EAGLE BOULEVARD, CASE NUMBER S95-097.
Councilman Lawrence MOVED to approve the Final Plat for Sunridge Canyon Parcel "S"Subdivision. Councilman
Poma SECONDED the motion which CARRIED unanimously.
Minutes of the Regular Session of the Town Council 02/20/97
Page 5 of 9
AGENDA ITEM#26-PUBLIC HEARING ON ORDINANCE 97-03,TO RECEIVE PUBLIC TESTIMONY
ON A PROPOSAL TO REZONE 9.562t ACRES OF LAND LOCATED WITHIN THE PROPOSED
SUNRIDGE CANYON PARCEL "D-NORTH" SUBDIVISION FROM THE "R1-6A" TO THE "OSR"
ZONING DISTRICT, SO THAT ALL OF THE NON-LOTTED TRACTS OF LAND WITHIN AND
ABUTTING THE PROPOSED SUNRIDGE CANYON PARCEL "D-NORTH" SUBDIVISION WILL BE
LOCATED IN THE "OSR" ZONING DISTRICT, AND; A PROPOSAL TO REZONE 0.129± ACRES OF
LAND LOCATED WITHIN THE PROPOSED SUNRIDGE CANYON PARCEL"D-NORTH"SUBDIVISION
FROM THE "OSR" TO THE "R1-6A" ZONING DISTRICT, SO THAT ALL OF THE DEVELOPABLE
LOTS WITHIN THE PROPOSED SUNRIDGE CANYON PARCEL "D-NORTH" SUBDIVISION WILL BE
LOCATED IN THE "R1-6A" ZONING DISTRICT, CASE NUMBER Z96-26.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:33 p.m.
Planner Jeff Valder stated this 54-lot project was being zoned "R1-6A" on the lots and "OSR" zoning on the open
spaces. There was no comments from the public.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 7:34 p.m.
AGENDA ITEM#27-CONSIDERATION OF ORDINANCE 97-03, REZONING 9.562±ACRES OF LAND
LOCATED WITHIN THE PROPOSED SUNRIDGE CANYON PARCEL "D-NORTH" SUBDIVISION
FROM THE "R1-6A" TO THE "OSR" ZONING DISTRICT, SO THAT ALL OF THE NON-LOTTED
TRACTS OF LAND WITHIN AND ABUTTING THE PROPOSED SUNRIDGE CANYON PARCEL "D-
NORTH"SUBDIVISION WILL BE LOCATED IN THE"OSR"ZONING DISTRICT,AND; A PROPOSAL
TO REZONE 0.129± ACRES OF LAND LOCATED WITHIN THE PROPOSED SUNRIDGE CANYON
PARCEL "D-NORTH" SUBDIVISION FROM THE "OSR" TO THE "R1-6A" ZONING DISTRICT, SO
THAT ALL OF THE DEVELOPABLE LOTS WITHIN THE PROPOSED SUNRIDGE CANYON PARCEL
"D-NORTH"SUBDIVISION WILL BE LOCATED IN THE"R1-6A" ZONING DISTRICT,CASE NUMBER
Z96-26.
Councilman Poma MOVED to approve Ordinance 97-03. Vice Mayor O'Brien SECONDED the motion which
CARRIED unanimously.
AGENDA ITEM #28 - CONSIDERATION OF THE FINAL PLAT FOR THE SUNRIDGE CANYON
PARCEL "D-NORTH" SUBDIVISION, A 25.406 ACRE, 54-LOT SUBDIVISION LOCATED NORTH OF
DESERT CANYON DRIVE AND WEST OF GOLDEN EAGLE BOULEVARD, CASE NUMBER S96-034.
Councilman Apps MOVED to approve the Final Plat for Sunridge Canyon Parcel "D-North". Councilman Lawrence
SECONDED the motion which CARRIED unanimously.
AGENDA ITEM#29-PUBLIC HEARING ON ORDINANCE 97-04,TO RECEIVE PUBLIC TESTIMONY
ON A PROPOSAL TO REZONE 3.12± ACRES OF LAND LOCATED WITHIN THE PROPOSED
SUNRIDGE CANYON PARCEL "N-WEST PHASE II" SUBDIVISION FROM THE "RI-10A" TO THE
"OSR" ZONING DISTRICT,SO THAT ALL OF THE NON-LOTTED TRACTS OF LAND WITHIN AND
ABUTTING THE PROPOSED SUNRIDGE CANYON PARCEL"N-WEST PHASE II"SUBDIVISION WILL
BE LOCATED IN THE "OSR" ZONING DISTRICT, AND; A PROPOSAL TO REZONE 0.14± ACRES
OF LAND LOCATED WITHIN THE PROPOSED SUNRIDGE CANYON PARCEL "N-WEST PHASE II"
SUBDIVISION FROM THE "OSR" TO THE "R1-10A" ZONING DISTRICT, SO THAT ALL OF THE
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Page 6 of 9
DEVELOPABLE LOTS WITHIN THE PROPOSED SUNRIDGE CANYON PARCEL"N-WEST PHASE II"
SUBDIVISION WILL BE LOCATED IN THE "R1-10A" ZONING DISTRICT, CASE NUMBER Z96-33.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:35 p.m.
Planner Jeff Valder stated he thought the applicant was confident that the lot lines would not change and that the
clean-up rezoning of this project was standard. There were no comments from the public.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 7:36 p.m.
AGENDA ITEM #30 - CONSIDERATION OF ORDINANCE 97-04, REZONING 3.12t ACRES OF LAND
LOCATED WITHIN THE PROPOSED SUNRIDGE CANYON PARCEL "N-WEST PHASE II"
SUBDIVISION FROM THE "R1-10A" TO THE "OSR" ZONING DISTRICT, SO THAT ALL OF THE
NON-LOTTED TRACTS OF LAND WITHIN AND ABUTTING THE PROPOSED SUNRIDGE CANYON
PARCEL"N-WEST PHASE II"SUBDIVISION WILL BE LOCATED IN THE"OSR"ZONING DISTRICT,
AND; A PROPOSAL TO REZONE 0.14t ACRES OF LAND LOCATED WITHIN THE PROPOSED
SUNRIDGE CANYON PARCEL "N-WEST PHASE II" SUBDIVISION FROM THE "OSR" TO THE "R1-
10A" ZONING DISTRICT, SO THAT ALL OF THE DEVELOPABLE LOTS WITHIN THE PROPOSED
SUNRIDGE CANYON PARCEL"N-WEST PHASE II"SUBDIVISION WILL BE LOCATED IN THE "R1-
10A" ZONING DISTRICT, CASE NUMBER Z96-33.
Councilman Lawrence MOVED to approve Ordinance 97-04 as presented. Councilman Poma SECONDED the
motion. Councilman Wiggishoff requested an updated location map be provided with the staff report showing
specific parcels in relationship to the entire development. Mayor Miles asked for an updated map, in terms of
Sunridge Canyon, showing what zoning has been approved and what was pending.
The motion CARRIED unanimously.
�1rr
AGENDA ITEM#31 -PUBLIC HEARING ON ORDINANCE 97-05,TO RECEIVE PUBLIC TESTIMONY
ON A PROPOSAL TO REZONE 7.126± ACRES OF LAND LOCATED WITHIN THE PROPOSED
SUNRIDGE CANYON PARCEL "K" SUBDIVISION FROM THE "R1-6A" TO THE "OSR" ZONING
DISTRICT,SO THAT ALL OF THE NON-LOTTED TRACTS OF LAND WITHIN AND ABUTTING THE
PROPOSED SUNRIDGE CANYON PARCEL "K" SUBDIVISION WILL BE LOCATED IN THE "OSR"
ZONING DISTRICT,AND; A PROPOSAL TO REZONE 0.554t ACRES OF LAND LOCATED WITHIN
THE PROPOSED SUNRIDGE CANYON PARCEL "K"SUBDIVISION FROM THE"OSR" TO THE"R1-
6A PUD" ZONING DISTRICT AND 6.143t ACRES OF LAND LOCATED WITHIN THE PROPOSED
SUNRIDGE CANYON PARCEL "K" SUBDIVISION FROM THE "R1-6A" TO THE "R1-6A PUD"
ZONING DISTRICT, SO THAT ALL OF THE DEVELOPABLE LOTS WITHIN THE PROPOSED
SUNRIDGE CANYON PARCEL"K"SUBDIVISION WILL BE LOCATED IN THE"R1-6A PUD"ZONING
DISTRICT. THE PLANNED UNIT DEVELOPMENT (PUD) IS PROPOSED TO ALLOW FOR THE USE
OF PRIVATE STREETS AND TO PERMIT THE SUBDIVISION TO BE GATED,CASE NUMBER Z96-37.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:39 p.m.
Planner Jeff Valder stated this 37-lot subdivision would be gated and use private roads. He said the applicant
requested the open space parcels be zoned "OSR" and all of the lots be rezoned to the "R1-6A RUPD" to allow for
the gates and private roads. He stated staff recommended denial even though the Planning &Zoning Commission
had recommended approval by a 5-2 vote because the Area Specific Plan Parks & Trails Plan had provided for a
public trail that cut through the project onto Sunridge Canyon Drive. He said he felt the installation of a gate would
preclude access for the public. He suggested the Council could review gate provisions instead of allowing numerous
{ Minutes of the Regular Session of the Town Council 02/20/97
�+ Page 7 of 9
gates in town in the future.
Ray Baldwin, Sunridge Canyon, pointed out that this subdivision was planned as a gated community with private
roads because the potential buyers had indicated a preference for smaller second homes for retired residents that
would provide more security, private access, and smaller lots. He said he felt the trail would not be obstructed and
pedestrians would have no problem using the trail which would be maintained by the Town.
Leesa Fraverd, a member of the P&Z Commission, opposed the gated subdivision concept because she felt gates
promoted a feeling of separate and elitist classifications and did not promote a whole community spirit.
Town Engineer Randy Harrel mentioned there was no transportation reason why a gate could not be allowed in this
subdivision.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 7:49 p.m.
AGENDA ITEM#32 - CONSIDERATION OF ORDINANCE 97-05,REZONING 7.126±ACRES OF LAND
LOCATED WITHIN THE PROPOSED SUNRIDGE CANYON PARCEL "K" SUBDIVISION FROM THE
"R1-6A" TO THE "OSR" ZONING DISTRICT, SO THAT ALL OF THE NON-LOTTED TRACTS OF
LAND WITHIN AND ABUTTING THE PROPOSED SUNRIDGE CANYON PARCEL "K" SUBDIVISION
WILL BE LOCATED IN THE "OSR" ZONING DISTRICT, AND; A PROPOSAL TO REZONE 0.554t
ACRES OF LAND LOCATED WITHIN THE PROPOSED SUNRIDGE CANYON PARCEL "K"
SUBDIVISION FROM THE "OSR" TO THE "R1-6A PUD" ZONING DISTRICT AND 6.143±ACRES OF
LAND LOCATED WITHIN THE PROPOSED SUNRIDGE CANYON PARCEL"K"SUBDIVISION FROM
THE "R1-6A" TO THE "R1-6A PUD" ZONING DISTRICT, SO THAT ALL OF THE DEVELOPABLE
LOTS WITHIN THE PROPOSED SUNRIDGE CANYON PARCEL "K" SUBDIVISION WILL BE
LOCATED IN THE "R1-6A PUD" ZONING DISTRICT. THE PLANNED UNIT DEVELOPMENT(PUD)
Low IS PROPOSED TO ALLOW FOR THE USE OF PRIVATE STREETS AND TO PERMIT THE
SUBDIVISION TO BE GATED, CASE NUMBER Z96-37.
Councilman Apps MOVED to approve Ordinance 97-05 base rezoning of Sunridge Canyon, Parcel "K" with
approval of "RUPD" for private roads and subdivision gates, Case Number Z96-37. Councilwoman Wiggishoff
SECONDED the motion.
Mayor Miles said he was concerned about the appropriate location for gated communities and did not want to hinder
the community aspect of the Town by providing for multiple gated locations. Councilman Lawrence said he was
not opposed to gated subdivisions providing for security concerns of elderly patrons, that the traffic flow was not
obstructed due to the cul-de-sac nature of the subdivision, that the trail system would be unobstructed and felt that
the elitist accusation was unsubstantiated. Councilman Apps said he thought each request for a gated community
should be separately considered and had no objection to this subdivision's request. Councilwoman Wiggishoff stated
this subdivision provided for homes possibly occupied only during certain months of the year and said she understood
traffic control concerns such as installation of entrance/exit gates. Vice Mayor O'Brien said he thought a case-by-
case basis should continue regarding requests for gated communities but that he was concerned about multiple gated
subdivisions. He questioned the security for a gated community when pedestrian traffic was not hindered. He also
questioned the economic reasons for requesting a gated subdivision. Councilman Poma said he thought the trail
might be used as access for thieves.
The motion CARRIED with a 5-1 vote. Vice Mayor O'Brien cast the nay vote.
Lool Minutes of the Regular Session of the Town Council 02/20/97
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AGENDA ITEM#33 - 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 from the public.
Mayor Miles stated there would not be an Executive Session.
AGENDA ITEM #34 - PURSUANT TO A.R.S. 38-431.03.A.7.; A.R.S. 38-431.03.A.3.; AND A.R.S. 38-
431.03.A.1;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.
AGENDA ITEM #35 - RETURN TO REGULAR SESSION.
AGENDA ITEM #36 - ADJOURNMENT.
Councilman Lawrence MOVED to adjourn the meeting. Councilman Poma SECONDED the motion which
CARRIED unanimously. Mayor miles adjourned the meeting at 7:59 p.m.
TOWN OF FOUNTAIN HILLS
Lor
By:
Je Mil , Mayor
A 1TEST:
Cassie B. Hansen, Town Clerk
PREPARED BY: Cr�Y.t� (J - 64frPvs. A2.J
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 20th day of February, 1997. I further certify that the meeting
was duly called and that a quorum was present.
DATED this 6th day of March, 1997.
CAAAA-4—'
Cassie B. Hansen, Town Clerk
411619 Minutes of the Regular Session of the Town Council 02/20/97
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