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HomeMy WebLinkAbout1998.0521.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 21, 1998 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30 P.M., Thursday, May 21, 1998, 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 Cub Scouts Levi Stallings and Dean Niven of Pack 243, Lions Den#3 and the invocation by Pastor Joel Bjerkestrand, 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 Jerry Miles, Vice Mayor Marianne Wiggishoff and Councilmembers Bill O'Brien, Don Lawrence, Sid Apps, Al Poma (7:35) and Penfield Mower. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell, Town Clerk Cassie Hansen,Town Engineer Randy Harrel and Planners Jeff Valder and Geir Sverdrup. Mayor Miles stated Item#6 would be removed from the Consent Agenda for separate discussion. He then read the remainder of the Consent Agenda, which consisted of the following agenda items: AGENDA ITEM#1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF MAY 5TH AND 7TH 1998. AGENDA ITEM #2 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY BILL BEAMISH, FOUR PEAKS ROTARY, FOR A SOAP BOX DERBY TO BE HELD ON SATURDAY, JUNE 6, 1998,FROM 5:00 P.M.TO 10:30 P.M. THE EVENT WILL REQUIRE THE CLOSURE OF PALISADES BOULEVARD FROM LA MONTANA BOULEVARD TO SAGUARO BOULEVARD. AGENDA ITEM#3-CONSIDERATION OF RESOLUTION 1998-26,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE EASTERLY PROPERTY LINE OF PARCEL A, PLAT 303, AS RECORDED IN BOOK 147 OF MAPS, PAGE 4 RECORDS OF MARICOPA COUNTY, ARIZONA. (EA98-13, DITTLER) AGENDA ITEM#4- CONSIDERATION OF AWARD OF BID TO BOOK PUBLISHING COMPANY FOR INDEXING AND CODIFICATION SOFTWARE IN THE AMOUNT OF$6,800.00. AGENDA ITEM #5 - CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE DEPARTMENT OF PUBLIC SAFETY TO SEND ANOTHER OFFICER TO THE STATE GANG FORCE AT NO EXPENSE TO THE TOWN. Vice Mayor Wiggishoff MOVED to approve the Consent Agenda as read. Councilman Mower SECONDED the motion. A roll call vote was taken with the following results: Vice Mayor Wiggishoff Aye Councilman Apps Aye Councilman Lawrence Aye Councilman Mower Aye Councilman O'Brien Aye Mayor Miles Aye Town Council Regular Session 5/21/98 Page 1 of 11 The motion CARRIED. L AGENDA ITEM #6 - CONSIDERATION OF THE FINAL PLAT OF TOWN CENTER II, A 5-LOT SUBDIVISION OF 38.38 ACRES LOCATED WEST OF LA MONTANA DRIVE, NORTH OF THE EL LAGO BOULEVARD ALIGNMENT, AND EAST OF THE LA VIDA BUENA CONDOMINIUM DEVELOPMENT. CASE#S97-038. Planner Jeff Valder stated Stipulation #2 in the Final Plat regarding landscaping had been recently revised. Councilman Lawrence MOVED to approve the final plat for Town Center II, Case #97-038 with the change to Stipulation #2 as presented by staff. Vice Mayor Wiggishoff SECONDED the motion, which CARRIED unanimously. Mayor Miles stated Agenda Item#7 would be discussed at a later time during the meeting to allow for Councilman Poma's arrival and input. AGENDA ITEM#8 - CONSIDERATION OF AN UNBUDGETED EXPENDITURE FOR THE PURPOSE OF CONSTRUCTING A TURF EFFLUENT DISPOSAL FIELD IN COOPERATION WITH THE FOUNTAIN HILLS SANITARY DISTRICT ON A SITE LOCATED BETWEEN TOWER DRIVE, EL PUEBLO AND TIOGA STREETS,ALSO KNOWN AS PLAT 302. Town Manager Paul Nordin explained that an unbudgeted expenditure in conjunction with the Sanitary District for the construction of a turf effluent disposal field. He said the Chairman of the Sanitary District, Bruce Hansen,had informed him of the critical need of additional effluent fields by November 1S` of this year. He stated that the Parks and Recreation Commission had identified this site as a potential park site. He pointed out that two turf areas would be necessary. He said the Town's share would be $248,000 and the Sanitary District's share would be $351,800. Mr. Nordin reviewed a schedule of the proposal leading up to November in. He said the Parks and Recreation Commission had recommended approval as well as the Sanitary Board. Mayor Miles said he was concerned about hurriedly approving an unbudgeted expenditure for nearly a quarter of a million dollars and thought it would be more appropriate for the newly seated Council to study this matter. Councilman Apps said an update from Mr. Huber was expected in June. He MOVED to table this matter until the second meeting in June and give the new Council an opportunity to study Mr. Huber's report. Councilman Lawrence SECONDED the motion. Councilman Mower stated that if the Council tabled this matter until the meeting on June 18th, a whole month would be lost and the work would be behind schedule. Vice Mayor Wiggishoff suggested this item be discussed at the first meeting in June. Councilman Apps said he thought updates were needed, especially for the members of the new Council. Councilman Lawrence stated that since the Town did not currently owned this property, surveys were needed, as well as public meetings and a master plan. The motion CARRIED with a 4-2 roll call vote. Councilmen Mower and O'Brien cast the nay votes. AGENDA ITEM#9- CONSIDERATION OF APPROVING A CONTRACT WITH E GROUP FOR SURVEY AND AERIAL MAPPING OF A SITE LOCATED BETWEEN TOWER DRIVE, EL PUEBLO AND TIOGA STREETS,ALSO KNOWN AS PLAT 302. This matter was not discussed due to the tabling of the previous agenda item. Town Council Regular Session 5/21/98 Page 2 of 11 AGENDA ITEM #10 - CONSIDERATION OF RESOLUTION 1998-27, DECLARING THAT CERTAIN DOCUMENT ENTITLED "THE 1998 AMENDMENTS TO THE MODEL TAX CODE OF THE TOWN OF FOUNTAIN HILLS",A PUBLIC RECORD PURSUANT TO A.R.S.9-801. Town Attorney Bill Farrell explained that this resolution provided for changes to the model tax code as provided by the State Municipal Tax Code Commission. He stated that since the Tax Code was declared a public record, official publication of the changes was not necessary. Councilman Lawrence MOVED to approve Resolution 1998-27 declaring the model Tax Code a public document. Vice Mayor Wiggishoff SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #11 - PUBLIC HEARING ON ORDINANCE 98-23, ADOPTING THE 1998 AMENDMENTS TO THE SALES TAX CODE OF THE TOWN OF FOUNTAIN HILLS. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 6:57 p.m. Julie Ghetti,Accounting Supervisor, stated Ordinance 98-23 would adopt the amendments referred to in Resolution 1998- 27. No one came forward to speak for or against the ordinance. Mayor Miles closed the public hearing and reconvened the Regular Session at 6:58 p.m. AGENDA ITEM #12 - CONSIDERATION OF ORDINANCE 98-23, ADOPTING THE 1998 AMENDMENTS TO THE SALES TAX CODE OF THE TOWN OF FOUNTAIN HILLS. Vice Mayor Wiggishoff MOVED to approve Ordinance 98-23 adopting the 1998 amendments to the Sales Tax Code of Fountain Hills. Councilman Mower SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #13 - CONSIDERATION OF REVOCATION OF SPECIAL USE PERMIT #94-05, A SPECIAL USE PERMIT GRANTED TO THE FOUNTAIN HILLS SENIOR CARE CENTER, INC. TO OPERATE A 100-BED NURSING HOME ON THE SOUTHWEST CORNER OF EL LAGO BOULEVARD AND VERDE RIVER DRIVE. Mr. Valder stated that nursing homes were permitted in a multi-family zoned district by a special use permit. Since January of 1994, the applicant had worked closely with staff with many changes to the facility. He stated an inspection of the premises to insure that progress was being made every 180 days was a requirement to keep the building permit valid for this project. Mr.Valder stated that not only inspections were required but also actual work on the project should be completed. He said the applicant had requested an inspection in March of this year and the Town inspectors found that the work that was scheduled to be inspected had not been completed. Since no work had been completed on a timely basis, the building permit was revoked which also precluded the revocation of the special use permit privilege. Mr. Valder stated the Town Attorney had requested specific Council action regarding the revocation of the special use permit. Councilman Lawrence asked what the current status was of the project. Mr. Valder stated the site had been graded, the footings trenched and steel for the footings had been installed but was uncertain if concrete had been poured. Vice Mayor Wiggishoff expressed her regrets about the incomplete project and the revocation of the special use permit was appropriate at this time. The developer, Mr. Ursu, was not present. Vice Mayor Wiggishoff MOVED to revoke Special Use Permit 94-05. Councilman Mower SECONDED the motion. Town Council Regular Session 5/21/98 Page 3 of 11 Peter Putterman, who lives two properties away from the project, asked the Council to consider some measures to assure the property would be restored from its present state. Mayor Miles said he thought the Building Safety Loy Department as well as the Town Attorney should be involved in restoration measures. Councilman Mower asked if the applicant could reapply for a special use permit. Mr. Valder said the recent change of the maximum height limits could affect the new application for a building permit and plans would need to be altered prior to their re-submission. The motion CARRIED with a 5-1 vote. Councilman Apps cast the nay vote. AGENDA ITEM #14 - CONSIDERATION OF THE FIREROCK COUNTRY CLUB DEVELOPMENT AGREEMENT TO ASSURE THE STIPULATIONS AGREED UPON BY MCO PROPERTIES AND THE TOWN OF FOUNTAIN HILLS. Town Attorney Bill Farrell stated the Development Agreement contained considerations and non land-use matters not addressed in the Area Specific Plan for the Firerock Country Club project or the zoning case. The Development Agreement would insure that the project would be completed in ten years and include the transfer of three parcels; i.e., the hillside property, the one-acre parcel and the Plat 302 property at Tioga, Tower and El Pueblo. Off-site improvements were also scheduled in the Development Agreement. Vice Mayor Wiggishoff referred to a section on Page 5 and wanted to make sure that the Council had a right to deny a plat. Mr. Farrell stated that as long as the number of allowable units as specified in the Area Specific Plan was adhered to,preliminary and final plats would be submitted to the Council for approval. Vice Mayor Wiggishoff MOVED to approve the Firerock Country Club Development Agreement as presented. Councilman Mower SECONDED the motion, which CARRIED with a unanimous roll call vote. L AGENDA ITEM #15 - PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE OFFICIAL ZONING DISTRICT MAPS OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REZONE THE RANCHO MONTANA SUBDIVISION FROM R-4 AND R-5 (MULTI-FAMILY RESIDENTIAL) TO EITHER R1-6 OR R1-6A (SINGLE-FAMILY RESIDENTIAL) AND TO REZONE THE PUERTO DEL LAGO SUBDIVISION FROM R-4 (MULTI-FAMILY RESIDENTIAL) TO EITHER R1-6 OR R1-6A (SINGLE-FAMILY RESIDENTIAL), CASE NUMBER Z98-09. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:14 p.m. Mr. Valder explained that the intent was to rezone these areas to preclude multi family housing in these two single- family subdivisions. He said the only difference was that under multi-family zoning the lot coverage was 50% whereas in the single-family zoning the lot coverage was 40%. He reported one home builder of these subdivisions had objected to the Town lowering the lot coverage percentage. He stated the alternative of a R1-6A district had the 50% lot coverage but required a ten foot rear yard setback instead of the 25' rear yard setback in the multi family zoned district. The Planning & Zoning Commission had recommended the R1-6 zoning district classification, which would lower the lot coverage percentage. Mr. Valder suggested a R1-6 PUD designation with a 50% lot coverage percentage and the same setbacks as multi-family. He said the developers were in agreement with his suggestion. Councilman O'Brien asked if the requirements for justifying a PUD had been fulfilled. Mr. Valder stated that an analysis had not been performed regarding the three criteria for a Planned Unit Development district. Mr. Farrell said conditions could be included such as requiring the PUD to be submitted within 30 days. Councilman Lawrence asked if the developers would be satisfied with a R1-6A zoning. Mr. Valder said the developers had agreed with his suggestion. Town Council Regular Session 5/21/98 Page 4 of 11 Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 7:19 p.m. AGENDA ITEM#16 - CONSIDERATION OF ORDINANCE 98-18 AMENDING THE OFFICIAL ZONING DISTRICT MAPS OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REZONE THE RANCHO MONTANA SUBDIVISION FROM R-4 AND R-5 (MULTI-FAMILY RESIDENTIAL) TO EITHER R1-6 OR R1-6A (SINGLE-FAMILY RESIDENTIAL) AND TO REZONE THE PUERTO DEL LAGO SUBDIVISION FROM R-4 (MULTI-FAMILY RESIDENTIAL) TO EITHER R1-6 OR R1-6A(SINGLE-FAMILY RESIDENTIAL), CASE NUMBER Z98-09. Councilman O'Brien MOVED to continue discussion on this matter until the information relative to the PUD is presented to the Council in the second meeting in June. Councilman Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #17 - CONSIDERATION OF ORDINANCE 98-14 AMENDING MINIMUM SETBACKS AND LIMITING THE NUMBER OF UNITS PER BUILDING IN THE M-1, M-2, M-3, R-3, R-4, AND R-5 ZONING DISTRICTS. Mr. Valder explained that Ordinance 98-14 was prepared in response to larger multi-family projects to increase the setbacks all of the multi-family zoned districts to provide a larger setback in the front yard to prevent buildings from abutting the street. The side setbacks would be changed from 5' to 10' and the rear yard setbacks would change from 25' to 30'. He stated the P&Z Commission had unanimously recommended approval. He stated the significant change of the side yard setbacks would create a greater distance between buildings. The last change would limit the number of units to eight units per building. Mayor Miles asked if the multi-family downtown units, required to be built under a special use permit, would be affected by this ordinance. Mr. Valder answered that any multi-family projects would be considered under M-1, M- 2 or M-3 zoning guidelines. Councilman Apps MOVED to approve Ordinance 98-14. Councilman Lawrence SECONDED the motion. Councilman O'Brien MOVED to amend the motion to delete the portion of the ordinance referring to limiting the maximum number of units per building. Vice Mayor Wiggishoff SECONDED the amendment, which CARRIED with a 5-1 vote. Councilman Apps cast the nay vote. The main motion as amended CARRIED unanimously. AGENDA ITEM #18 - PUBLIC HEARING ON AN APPLICATION FOR A SPECIAL USE PERMIT TO EXCEED THE MAXIMUM BUILDING HEIGHT OF 30 FEET TO 36 FEET AS A SPECIAL USE IN THE R-4 ZONING DISTRICT FOR THE SHEPHERD OF THE HILLS LUTHERAN CHURCH, LOCATED AT THE NW CORNER OF FOUNTAIN HILLS BOULEVARD AND EL LAGO BOULEVARD, CASE NUMBER SU98-01. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:28 p.m. Planner Geir Sverdrup stated the special use permit application consisted of a request to exceed the maximum building height restriction on an addition to the Church by six feet under a special use permit. Le Jim Thompson, Co-chairman of the Building Committee for Shepherd of the Hills Lutheran Church, stated the building plan process had been worked on for over a year and that the property had been owned by the church for Town Council Regular Session 5/21/98 Page 5 of 11 over nine years. The plans had included a 36' height building and would have fit under the guidelines except that the ordinance had been changed limiting buildings to 30' in height. Rather than change the plans for the building which had been created to adapt to the sloping terrain of the property, a special use was requested to allow the 36' building height of the 500-seat auditorium building. Jim Roberts, architect for the project, showed a model layout of the Church and the proposed addition. He urged the Council to approve the special use permit to allow the building to be placed where it fits best on the site. (Councilman Poma arrived at this point, 7:35 p.m.). Mark Van Boeckel urged the Council not to make exceptions to building height regulations, but considering the circumstances of having their plans worked on for over a year, he urged the Council to approve this project and then apply the amended height limitation for future projects. Sharon Hutcheson spoke in favor of the special use request and said that since the owners had owned the property for some time and the planning process had happened over the last year, it was apparent that the request was not applied for to circumvent the restrictions. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 7:42 p.m. AGENDA ITEM #19 - CONSIDERATION OF A SPECIAL USE PERMIT TO EXCEED THE MAXIMUM BUILDING HEIGHT OF 30 FEET TO 36 FEET AS A SPECIAL USE IN THE R-4 ZONING DISTRICT FOR THE SHEPHERD OF THE HILLS LUTHERAN CHURCH, LOCATED AT THE NW CORNER OF FOUNTAIN HILLS BOULEVARD AND EL LAGO BOULEVARD, CASE NUMBER SU98-01. Councilman Apps MOVED to approve the special use permit for the Shepherd of the Hills Lutheran Church as presented. Vice Mayor Wiggishoff SECONDED the motion, which CARRIED unanimously. L AGENDA ITEM #7 - DISCUSSION OF A LOCAL LAW ENFORCEMENT TELECOMMUNICATION CAPABILITY WITH POSSIBLE DIRECTION TO STAFF. Marshal Steve Gendler stated one of the changes to promote community based policing was to provide for a single phone number for residents to use for non-emergency situations. Starting in December of 1997, the phone calls would roll over to the MCSO dispatcher during times when the Marshal's Department was closed. The next provision was to establish a 24-hour dispatch in Fountain Hills in the Marshal's Department to enable the public to acquire personal service from a local office. He explained that the temporary system with the rollover of calls contained problems with the telephone equipment and in some instances, residents were being given incorrect or incomplete information. He pointed out that a local 24-hour dispatcher would be familiar with the community and would only respond to non-emergency calls and walk-up traffic. Any emergency calls would be directed to the Sheriff's Office, which is the standard policy at the present time. Councilman Apps asked about the number of calls received. Marshal Gendler responded that in the past four months, 379 after-hour calls were placed requesting ordinance enforcement and services and after the rollover system, 37 calls were received. He stated 23 complaints had been received and 12 of the complaints had stated that wrong information had been given. Marshal Gendler affirmed that this proposal would have been included in the budget requests to be discussed in June. Councilman Apps said he thought that more studies needed to be made regarding the effectiveness of the present Marshal's Department before a full-time dispatch could be approved. Councilman Poma MOVED to direct staff to proceed with the full-time dispatch service as proposed by Marshal Gendler. Councilman Mower SECONDED the motion. Councilman Apps stated he had used the local number and been treated courteously and respectfully by the dispatch for MCSO. Vice Mayor Wiggishoff pointed out that the problems with the temporary system had proved significant Town Council Regular Session 5/21/98 Page 6 of 11 enough to implement the proposed local dispatch service at this time rather than wait until budget time. Councilman Lawrence stated he thought a local dispatcher could readily make available the most expedient protection and L. service to the citizens of this town. Lt. Gary Gregory, MCSO, clarified the after-hours calls also included various requests for information and stated that the dispatchers in the downtown Phoenix office did their best to provide information. He stated approximately 500 calls per month requested the assistance of an officer from MCSO. Hal Weetz, Administrator of the 911 Center for MCSO, stated that although there had been problems with the way downtown dispatchers had handled emergency calls, 98% of the calls received were handled appropriately. He said dispatcher errors could result in added liability to the Town. Bruce Hansen supported the need for the 24-hour local dispatch and pointed out that the citizens had a right to expect services from a local dispatcher who could provide accurate and timely information. Mr. Weetz stated that rollover calls taken after hours or on weekends told callers that no Marshal's were available. The Marshal's were not in the MCSO CAD system and there was no radio system that was tied into the Town and the dispatcher had no choice but to inform the public that the Marshals were not available. Mayor Miles said he thought it would be irresponsible of the Town not to begin with the 24-hour dispatch service. Stan West spoke in support of the 911 services performed by the MCSO. Councilman Poma pointed out that the 911 services of the MCSO were being performed adequately, that local questions posed to MCSO dispatchers were not being handled correctly and that a local, 24-hour dispatch service could solve the problems of the citizens in getting responses to their calls. Councilman Apps said he was convinced that an expenditure of $107,000 would not solve any problems. He suggested more studies be made and interaction between the Marshal's Department and the MCSO before making any financial decisions. Councilman O'Brien said he wasn't sure why this subject was being proposed prior to the budget requests, but quarterly meetings should have produced resolutions to some of the problems. He said he felt that it was too premature and very limited to approve the 24-hour concept. The motion CARRIED with a 5-2 vote. Councilmen O'Brien and Apps cast the nay votes. AGENDA ITEM #20 - PUBLIC HEARING ON A PROPOSAL TO REZONE .212 ± ACRES OF LAND WITHIN TRACT B OF THE SUNRIDGE CANYON PARCEL "K" SUBDIVISION FROM THE "OSR" ZONING DISTRICT TO THE "R1-6A RUPD" ZONING DISTRICT SO THAT ALL OF THE PROPOSED LOT 38 WILL BE LOCATED WITHIN THE "R1-6A PUD"ZONING DISTRICT,CASE NUMBER Z98-06. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:14 p.m. Mr. Valder explained that a final plat had been previously approved for Parcel "K" in Sunridge Canyon. After part of the subdivision process, it was determined that the proposed parcel of Lot 38 that had not been included, should be included. He stated this rezone request would add that lot to Parcel "K". He stated both the P&Z Commission and staff recommended approval. Mayor Miles closed the public hearing and reconvened the Regular Session at 8:16 p.m. AGENDA ITEM #21 - CONSIDERATION OF ORDINANCE 98-19 REZONING .212 ± ACRES OF LAND WITHIN TRACT B OF THE SUNRIDGE CANYON PARCEL "K" SUBDIVISION FROM THE "OSR" ZONING DISTRICT TO THE "R1-6A RUPD" ZONING DISTRICT SO THAT ALL OF THE PROPOSED LOT 38 WILL BE LOCATED WITHIN THE "R1-6A PUD"ZONING DISTRICT, CASE NUMBER Z98-06. Town Council Regular Session 5/21/98 Page 7 of 11 Councilman Lawrence MOVED to approve Ordinance 98-19 concerning Sunridge Canyon Parcel "K" subdivision, Case Number Z98-06 as presented. Councilman Poma SECONDED the motion, which CARRIED with a 6-1 Lir vote. Councilman Apps cast the nay vote. AGENDA ITEM #22 - CONSIDERATION OF THE REPLAT OF THE SUNRIDGE CANYON PARCEL "K" REPLAT SUBDIVISION, CASE NUMBER S98-012. Mr. Valder explained that the approval of Agenda Item #21 would now require approval of a preliminary replat. Councilman Lawrence MOVED to approve the replat of Parcel "K" as presented. Councilman Poma SECONDED the motion, which CARRIED with a 6-1 vote. Councilman Apps cast the nay vote. AGENDA ITEM#23 - PUBLIC HEARING ON PROPOSED AMENDMENTS TO CHAPTER 7, SECTION 7.03 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REQUIRE A 10 FOOT LANDSCAPE BUFFER ALONG ALL STREET OR ALLEY PROPERTY LINES AND ALLOW ,IOINT USE DRIVEWAYS,CASE NUMBER Z98-04. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:17 p.m. Mr. Sverdrup explained that Ordinance 98-21 provided a requirement for a ten-foot landscape setback along all street or alley property lines. The Ordinance also provided for joint use access driveways. There were no comments from the public. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:20 p.m. L AGENDA ITEM #24 - CONSIDERATION OF ORDINANCE 98-21 AMENDING CHAPTER 7, SECTION 7.03 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REQUIRE A 10 FOOT LANDSCAPE BUFFER ALONG ALL STREET OR ALLEY PROPERTY LINES AND ALLOW JOINT USE DRIVEWAYS, CASE NUMBER Z98-04. Councilman Mower MOVED to approve Ordinance 98-21. Councilman Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #25 - CONSIDERATION OF THE PRELIMINARY PLAT FOR EAGLE MOUNTAIN PARCEL 15, AN 82-UNIT CONDOMINIUM DEVELOPMENT LOCATED ON 22.19 ACRES IN THE NORTHEASTERN PORTION OF THE EAGLE MOUNTAIN DEVELOPMENT, CASE NUMBER S98- 004. Mr. Valder stated this subdivision in Eagle Mountain will be mass graded and the cut and fill limitations will be consistent with the 1991 agreement, which permits up to 60' of cut and 40' of fill. The "shrink wrapped air space" concept proposed by the developer to identify areas of land that were large enough to encompass any of the models later proposed. The preliminary plat would approve these "air space" cubes and when the applicant reveals which specific unit would be built on each lot, a replat would be necessary to separate the air space of that unit from the remainder of the subdivision. Town Attorney Farrell stated that state legislation had changed and that it was now possible for developers to offer models rather than pre-developed condominiums. This concept provided for the buyers in the development to choose which model they preferred to have built rather than selecting an available, ikkiw constructed condo unit. Vice Mayor Wiggishoff asked if buildings would be constructed a unit at a time and would this concept lead to unfinished buildings. Town Council Regular Session 5/21/98 Page 8 of 11 Steve Pritulsky, Eagle Mountain, explained these one and two story townhomes or site condominiums would be constructed with 3-8 units per building. He said there were four specific floor plans to choose from and that building envelopes were noted on the preliminary plat. He showed a site design of the subdivision and explained that single storied units would appear on the ends of each building as `bookends' rather than two-story units for uniform density transition. He said this concept allowed for flexibility and offered consumers more choices in floor plans between 1650 square feet and 2400 square feet. Councilman Lawrence asked if a four unit building would require all the units to be sold prior to construction of any unit. Mr. Pritulsky answered that the entire building would be constructed at the same time, no matter how many units were in that particular building. He said that all of the stipulations had been agreed upon as presented. Councilman Poma MOVED to approve the preliminary plat for Parcel 15 of Eagle Mountain as presented with P&Z stipulations. Councilman O'Brien SECONDED the motion, which CARRIED with a 6-1 vote. Councilman Mower cast the nay vote. AGENDA ITEM#26- CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE 22-UNIT BROKEN ARROW RANCH CONDOMINIUMS, LOCATED AT 16307 ARROW DRIVE, AKA LOT 11, BLOCK 1,FINAL PLAT 103 AND LOT 18,BLOCK 8,FINAL PLAT 111,CASE NUMBER S98-014. Mr. Sverdrup stated this 22-unit located at Arrow Drive and Fountain Hills Boulevard was currently under construction and was requesting condominium plats. Vice Mayor Wiggishoff MOVED to approve Case Number S98-014. Councilman Apps SECONDED the motion, which CARRIED with a 5-2 vote. Councilman Mower and Mayor Miles cast the nay votes. L AGENDA ITEM #27 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE 4- UNIT PACIFIC SOUTHWEST CONDOMINIUMS UNIT XV, LOCATED AT 13826 N. SAGUARO BOULEVARD,AKA LOT 10,BLOCK 5,FINAL PLAT 102, CASE NUMBER S98-016. Mr. Sverdrup stated this four-unit building was nearly completed and was requesting a condominium plat. Vice Mayor Wiggishoff MOVED to approve Case Number S98-016 as presented. Councilman Lawrence SECONDED the motion, which CARRIED with a 6-1 vote. Councilman Mower cast the nay vote. Mark Van Boeckel asked if any ordinances had been violated by the transfer of apartment status to condominium status. Mayor Miles stated no ordinances would be violated. AGENDA ITEM #28 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE 3- UNIT ZIBAFAR TOWNHOUSE CONDOMINIUMS, LOCATED AT 13022 N. MOUNTAINSIDE, AKA LOT 5,BLOCK 3,FINAL PLAT 601A,CASE NUMBER S98-017. Mr. Sverdrup stated this 3-unit building on Mountainside Drive was nearly completed and was requesting a condominium plat. Councilman Lawrence MOVED to approve the preliminary and final plats for Zibafar Townhouse Condominiums as presented. Vice Mayor Wiggishoff SECONDED the motion, which CARRIED with a 6-1 vote. Councilman Mower cast the nay vote. AGENDA ITEM #29 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE 5-LOT, 4.15 ACRE DITTLER SUBDIVISION, LOCATED SOUTH OF GRANDE BOULEVARD AND WEST OF THE FORT MCDOWELL INDIAN RESERVATION,CASE NUMBER S97-052. Town Council Regular Session 5/21/98 Page 9 of 11 Mr. Sverdrup stated that this single-family subdivision essentially subdivided the residual parcel created by Plat 303. He said all hillside protection easements had been granted as well as an abandonment of a public utility easement. Vice Mayor Wiggishoff questioned the need for a sidewalk and its linkage to a destination of another trail. Mr. Sverdrup said the sidewalk by Mirage Point was across the road from the proposed Dittler subdivision and would eventually connect to Rancho Montana and Mirage Heights on Grande Boulevard. Town Engineer Randy Harrel stated future sidewalk projects would connect Mirage Point and Dittler Subdivision to Rancho Montana and Mirage Heights. Don Prior,from Anderson-Nelson, said he would abide by the Council's direction to install the sidewalks. Councilman Poma MOVED to approve the preliminary plat for the Dittler Subdivision as presented. Vice Mayor Wiggishoff SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #30 - RECOGNITION OF THE OUTGOING ELECTED OFFICIALS: MAYOR JERRY MILES, COUNCILMAN BILL O'BRIEN,AND COUNCILMAN DON LAWRENCE. Vice Mayor Wiggishoff presented an engraved distinguished service award to outgoing Mayor Miles on behalf of the Council and staff. She then presented Mayor Miles with a fountain pin. Mayor Miles then presented Councilmen Lawrence and O'Brien with engraved distinguished service awards and fountain pins. Town Manager Nordin presented guilded roses to the wives of the outgoing Councilmen and Mayor Miles. AGENDA ITEM#31 -CALL TO THE PUBLIC. No one came forward from the public to speak. AGENDA ITEM#32-ADJOURNMENT. Councilman Poma MOVED to adjourn the meeting. Vice Mayor Wiggishoff SECONDED the motion, which CARRIED unanimously. Mayor Miles adjourned the meeting at 9:00 p.m. L Town Council Regular Session 5/21/98 Page 10 of 11 TOWN OF FOUNTAIN HILLS L By: LA.1G//1/47,4„....--- Sharon Morgan, Mayor A YI bST: .1,2,E V/ %` 1¢ Cassie B. Hansen,Town Clerk PREPARED BY: J eiC. Linda D.Lemmen,Executive 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 21st day of May, 1998. I further certify that the meeting was duly called and that a quorum was present. DATED this 4th day of June, 1998. 2J# 14 ) Cassie B. Hansen,Town Clerk Town Council Regular Session 5/21/98 Page 11 of 11