HomeMy WebLinkAbout2018.0626.TCSM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
JUNE 26, 2018
* CALL TO ORDER AND ROLL CALL
Mayor Kavanagh called the meeting to order at 5:30 p.m. in the Fountain Hills Town Council Chambers.
Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Dennis
Brown, Councilmember Henry Leger (via conference call), Councilmember Art Tolis (via conference call),
Councilmember Alan Magazine, Councilmember Nick DePorter (via conference call). Town Manager Grady E.
Miller, Interim Town Attorney Mitesh Patel and Town Clerk Bevelyn Bender were also present.
Councilmember Cecil Yates vacated his position recently to run for Mayor of the Town of Fountain Hills.
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM MAY 21, AND JUNE 5, 2018.
Mayor Kavanagh requested a motion.
Vice Mayor Brown MOVED to approve the Town Council meeting minutes from May 1, May 21, and June 5, 2018
and Councilmember Magazine SECONDED the motion, which CARRIED UNANIMOUSLY (6-0).
Mayor Kavanagh announced agenda items #2 and#3 would have one staff report.
AGENDA #2 - PUBLIC HEARING TO RECEIVE COMMENTS ON RESOLUTION 2018-31, GRANTING A
ONE YEAR EXTENSION TO THE HEMINGWAY PLANNED AREA DEVELOPMENT ZONING
DESIGNATION APPROVED BY ORDINANCE 15-05 AND SPECIAL USE PERMIT SU2015-06 TO ALLOW
AN ASSISTED LIVING FACILITY ON 5.75 ACRES LOCATED AT 9700 N. SAGUARO BOULEVARD AKA
APN# 176-10-811. (CASE SU2015-06)
Mayor Kavanagh opened the Public Hearing at 5:30 p.m.
Mr. Miller gave opening remarks and introduced Senior Planner Marissa Moore who reviewed the applicant's request
and included a PowerPoint presentation (available on-line or in the office of the Town Clerk).
Ms. Moore explained this was a one-year extension request for the Hemingway Planned Area Development (PAD)and
reviewed information in a letter received from applicant Dan Kauffman who asked that the Council approve a one-year
extension, or continue this item to the September 20, 2018, Council meeting.
Ms. Moore reviewed a slide that showed the basic landscaping site plan and presented information on the project's ten
one-story buildings with a 100,100 square feet footprint, 90 parking spaces, 112 assisted living units, 22 independent
living units along with a maximum height of 23'6"height of its buildings. Ms. Moore displayed building elevations,
architectural styles, and materials for the proposed buildings and if the extension were approved, construction would
begin by May 21, 2019. Ms. Moore discussed the project's ownership, which was identified as Dan Kauffman.
Mayor Kavanagh stated all Councilmembers had received the recent ownership information in their Council packet.
Ms. Moore continued that Dan Kauffman, the project's owner and applicant, had requested the extension through
Pinnacle View Development and under Mr. Kauffman's name and the special use permit (SUP) extension and zoning
variances were Zoning Ordinance applicable because this project had a PAD it superseded their specific requirements
for construction within a six month period for a SUP and any variances approved in the PAD would remain with the
PAD for the time of the PAD with any conformity with the General Plan. Ms. Moore explained these requirements
were under the policy decided by Town Council during their approval of the 2015 Hemingway PAD. Ms. Moore
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stated staff would not make a specific recommendation and requested Council provide direction to staff since a prior
Hemingway PAD had previously been approved and the Council at their last meeting had denied the PAD with a
different senior living facility proposed. Mayor Kavanagh clarified this statement that if the extension was approved
the only project allowed to be built on this site would be the Hemingway that was approved by Council previously in
2015 and any change made to the project would be required to go through the public hearing process and would
include variances to the document.
Mayor Kavanagh requested Council questions. Vice Mayor Brown asked it the project presented during the current
Council meeting was exactly what was approved in 2015 and Ms. Moore replied that nothing had changed.
Mayor Kavanagh requested the applicant address the Council.
Dan Kauffman, a 25-year resident of Fountain Hills, owner and applicant of the Hemingway project reiterated that no
changes had been made to the project plan since approved previously by Planning and Zoning and Town Council.
Mr. Kauffman stated he was surprised to find a group of people who were against the Hemingway project when
previous comments he received were positive and questioned the turn of events.
Mr. Kauffman pointed out the parking proposed was three times more than the Town required and the project received
the Fire Department's approval prior to the previous approval. Mr. Kauffman pointed out that the General Plan was
10-years old and markets change. Mr. Kauffman stated he was aware of the possible return to C-1 Zoning District
(commercial) if his current request was not approved. Mr. Kauffman stated the Town needed smart and positive
growth. He thanked the Council for their support.
Mayor Kavanagh requested questions for the applicant. Councilmember Leger thanked Mr. Kauffman for his
attendance at this meeting and asked why he waited until now to move the project forward. Mr. Kauffman replied he
received another offer for the property, that the property was held in escrow for 1-1/2 years and the project had been
ultimately turned down by the Council recently. Mr. Kauffman also said he was involved with many other building
projects and some out of state, but stressed now would like to move forward and was only asking for an extension.
Councilmember Leger asked if he would be involved with the Hemingway project going forward and Mr. Kauffman
replied he would personally be involved and mentioned again he did live in Fountain Hills. Councilmember Leger
thanked Mr. Kauffman.
Mayor Kavanagh requested additional questions for Mr. Kauffman and none were initiated. Mayor Kavanagh asked
for speaker cards and Town Clerk Bender stated the following:
*The citizens listed below did not wish to speak:
• Wendy Muller and Jean Caskey, Fountain Hill's residents, both indicated they were against the project.
*The following speakers wished to speak in opposition of the project.
• Peter Gray, Joanne Meehan, Larry Myers, Alinka Zyrrnont, Ted Bell, Brian Zub and Jane Bell, all Fountain
Hills residents.
Reasons for the opposition:
•
• Residents were better informed than in 2015. Zoning regulations that involved too many waivers and
variances approved.
• Not aligned with the Town's General Plan or Strategic Plan and spoke to the permitted uses and lack of
conformance with the General Plan.
• Believed Councilmembers received propagation information with a continual stream of misdirection by profit
seeking applicants at the expense of the Town and citizens. Requested the property revert back to C-1 zoning
and pointed to the 300 signatures who were opposed to the Hemingway project.
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• Special Use Permit was not open to an extension as in code and the applicant needed to submit a new
application.
• Concerns for parking spaces needed and their locations.
• Fear that the facility would become an apartment complex with overflow parking on local streets.
• Opinions that the project was a mistake for the gateway into Fountain Hills and questioned the Town's future.
• Hidden building heights.
The following speaker spoke in support of the project.
• Tim Dulany, a Scottsdale resident and developer who specialized in senior living developments, explained his
part in the delay in building this project and that he had introduced another developer to Mr. Kauffman.
Mr. Dulany explained the other project requested by the other developer did not occur and kept the property in
escrow for 1-1/2-year. Mr. Dulany explained it was very common to build "cluster housing" and expressed
Mr. Kauffman wanted to continue with his previous project. Councilmember Magazine brought up that
Mr. Dulany mentioned that this facility was also built in other areas, he wanted to know the size of the other
properties and Mr. Dulany replied 4 to 10 acres of land.
Mayor Kavanagh requested further questions for staff.
Vice Mayor Brown questioned the deed transfer and if the property was held under the same ownership and Town
Attorney Patel replied that it was not a sell of property, but an organizational shift only with the S10.00 transfer being
standard language.
Vice Mayor Brown questioned the necessity for the SUP and staff's position was the three-year term of the PAD
extended the length of the SUP as well along with Council's policy determination for the three-year term of the PAD
and the possibility of four-one-year extensions. Mr. Patel replied the 2015 document stated that the use for the project
was going to be the use and provided in the SUP, but the SUP language cited earlier and found in the Zoning
Ordinance was the terms of the PAD that superseded the Zoning Ordinance and the reason for the PAD with the
project potentially going on for seven total years.
Mayor Kavanagh closed the Public Hearing at 6:11 p.m.
AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 2018-31, GRANTING A ONE YEAR
EXTENSION TO THE HEMINGWAY PLANNED AREA DEVELOPMENT ZONING DESIGNATION
APPROVED BY ORDINANCE 15-05 AND SPECIAL USE PERMIT SU2015-06 TO ALLOW AN ASSISTED
LIVING FACILITY ON 5.75 ACRES LOCATED AT 9700 N. SAGUARO BOULEVARD AKA APN# 176-10-
811. (CASE SU2015-06)
Mayor Kavanagh requested further Council discussion and if not requested a motion. Mayor Kavanagh acknowledged
the conference call members, who initiated no additional discussion.
Vice Mayor Brown asked if approval of an extension would be breaking any laws and Mr. Patel replied no.
Vice Mayor Brown expressed that the project was exactly as presented in 2015 and at that time only one-person
opposed the project and cited the economy played a huge part in what needed to be done. Vice Mayor Brown referred
to a time 12-years ago when a shopping center was proposed for this location but did not materialize due to the
economy and addressed the failure of the primary property tax by the voters recently and stressed the Town needed
revenue some way. Vice Mayor Brown perceived that residents appeared to not want a tax or development and felt it
would be an injustice to the Town and the Hemingway project to not approve the extension for this project. Vice
Mayor Brown acknowledged that he heard all the concerned residents and pointed out this project looked more
residential instead of one large building. Vice Mayor Brown stated his support for this request.
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Councilmember Magazine questioned the statement that residents did not want development and remarked maybe the
project proposed may be in the wrong location. Councilmember Magazine agreed that the Council unanimously
approved the previous Hemingway project in 2015, but felt that too many variances had been approved overlooking
the original zoning intent and stated he questioned his previous approval for this project. Councilmember Magazine
stated he opposed the one-year extension due to zoning and the almost unanimous citizen opposition.
Councilmember Magazine MOVED to revert the zoning back to C-1 effective immediately and Councilmember Leger
SECONDED the motion.
Mayor Kavanagh requested a roll call vote.
Councilmember Magazine Aye
Councilmember Tolis Nay
Councilmember Leger Aye
Vice Mayor Brown Nay
Councilmember DePorter Nay
Mayor Kavanagh Nay
The motion was DENIED 4-2.
Mayor Kavanagh requested a motion.
Vice Mayor Brown MOVED to approve Resolution 2018-31 granting a one-year extension to the Hemingway Planned
Area Development zoning designation approved by Ordinance 2015-05 and Special Use Permit SU2015-06 to allow
the assistant living facility on 5.75 acres located at 9700 North Saguaro Boulevard aka APN#176-10-8lI and
Councilmember Tolis SECONDED the motion.
Mayor Kavanagh requested a roll call vote.
Councilmember Tolis Aye
Vice Mayor Brown Aye
Councilmember Magazine Nay
Councilmember Leger Nay
Councilmember DePorter Aye
Mayor Kavanagh Aye
The motion was APPROVED 4-2.
AGENDA ITEM #4—ADJOURNMENT
Mayor Kavanagh asked for a motion to adjourn.
Councilmember Magazine MOVED to adjourn the meeting at 6:19 p.m. and Vice Mayor Brown SECONDED the
motion, which CARRIED UNANIMOUSLY (6-0).
TOWN OF FOUNTAIN HILLS
By
in a agh, May
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ATTEST AND
PREPARED BY:
C,114140-cliaeLizabethrke,
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Session held by the
Town Council of Fountain Hills in the Town Hall Council Chambers on the 26th day of June, 2018. I further certify
that the meeting was duly called and that a quorum was present.
DATED this 4ih day of September, 2018.
liza A. Bur ce, T v er
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