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HomeMy WebLinkAbout1992.0820.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL AUGUST 20, 1992 A public meeting of the Fountain Hills Town Council was convened and called to order by Vice Mayor Fox at 6:30 p.m., Thursday, August 20, 1992, in the Fountain Hills Town Hall, located at 16836 E. Palisades Blvd., Building C,Fountain Hills,Arizona. ROLL CALL-Following the pledge to the flag and the invocation by Councilwoman Tibbetts,roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Vice Mayor Charlie Fox,and Councilmembers Mike Minarsich,Bill O'Brien,Peg Tibbetts,Wally Hudson,and Frank Clark. Mayor John Cutillo was absent. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell,Community Development Director Gary Jeppson, and Town Clerk Cassie Hansen. Vice Mayor Fox said that all items listed with an asterisk(*)were considered to be routine,non-controversial matters and would be enacted by one motion and one roll call vote of the Council. There would be no separate discussion of those items unless a Councilmember or member of the public so requested. If a Councilmember or member of the public wished to discuss an item on the consent agenda,they could request so prior to the motion to accept the consent agenda. The item would be removed from the Consent Agenda and considered in its normal sequence on the agenda. Typical items on the consent agenda are minutes, special event requests and easement abandonments. All materials and prior approvals received from the Town Marshal and Fire Chief(for special events)and all utilities and the Town Engineer(for abandonments)have been provided to and reviewed by the Council prior to the consent agenda vote. The consent agenda items were read by Vice Mayor Fox and the Council acted on them. Councilman O'Brien made a MOTION to approve as read. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. A roll call vote was taken and the results were as follows: Vice Mayor Fox aye Councilman O'Brien aye Councilman Hudson aye Councilman Clark aye Councilman Minarsich aye Councilwoman Tibbetts aye The roll call vote results were six aye to zero nay votes. Mayor Cutillo was absent. AGENDA ITEM#2 -ACCEPTANCE OF THE MEETING MINUTES OF JUNE 24TH,25TH,AND 30TH, 1992. This item was a part of the consent agenda. Councilman O'Brien made a MOTION to approve. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. cow Minutes of the Regular Session of the Town Council 08/20/92 Page 1 of 6 AGENDA ITEM#3-CONSIDERATION OF RESOLUTION 1992-21,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAD IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND *4410 DRAINAGE EASEMENTS AFFECTING ALONG THE WEST LOT LINE OF LOT 55,BLOCK 2,OF PLAT 505D FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 158 OF MAPS,PAGE 41,RECORDS OF MARICOPA COUNTY, ARIZONA. This item was a part of the consent agenda. Councilman O'Brien made a MOTION to approve. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM#4-CONSIDERATION OF RESOLUTION 1992-22,ABANDONING WHATEVER RIGHTt TITLE, OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND DRAINAGE EASEMENTS AFFECTING ALONG THE REAR LOT LINE OF LOT 8,BLOCK 5,OF PLAT 603A AMENDED FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 196 OF MAPS, PAGE 281. RECORDS OF MARICOPA COUNTY, ARIZONA. This item was a part of the consent agenda. Councilman O'Brien made a MOTION to approve. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM#5-MONTHLY REPORT BY THE MARICOPA COUNTY SHERIFF'S DEPARTMENT. Vice Mayor Fox stated that there was no one present from the department. He said they would return to that agenda item when they arrived. AGENDA ITEM#6 - TOWN MANAGER'S REPORT. #6.A.1. Project update(with possible direction from the Council for appropriate action). Approval of change order#5 for the street paving project,east and west with regards to drainage improvements on South Aspens Grassland and Tanglewood. Mr.Nordin said the changes amounted to approximately$16,000. He said the Town had the funds in the budget and staff recommended approval. Councilman Hudson asked if the six calendar day extension was in addition to the six month period. Mr.Nordin said it was. Councilwoman Tibbetts asked what the change order total was. Mr. Harrel said they totalled under $10,000. Councilman Hudson made a MOTION to approve Change Order#5 regarding the street paving project contract#91-005. SECONDED by Councilman Clark and CARRIED unanimously. AGENDA ITEM #7 - HOLD PUBLIC HEARING ON ORDINANCE 92-07 REGARDING REZONING REQUEST#Z92-01 PERTAINING TO FIREROCK CENTER. PUBLIC COMMENT WILL BE HEARD ON THE REQUESTED REZONING OF 49 LOTS WITHIN THE EXISTING FIREROCK CENTRE FROM THE CURRENT COMMERCIAL AND INDUSTRIAL ZONING CLASSIFICATIONS TO THE RESIDENTIAL ZONING CLASSIFICATION OF R1-35 RUPD. Vice Mayor Fox recessed the Council at 6:39 p.m.for a public hearing. Mr.Jeppson said MCO Properties proposed to rezone areas that were indicated on a map that he presented to the Council. He stated the property owner proposed building a berm to screen the Industrial zoned area from the residential. Mr.Jeppson said the developer planned to include building envelopes to blend the development of residential units and the natural environment. He said the construction sites would be strictly contained and construction fencing would be required during development. Mr. Jeppson said the same developer owned the Industrial-2 property adjacent to the proposed residential zoning. He said MCO would request the currently Ind-2 zoned land be re-zoned R1-35 RUPD residential Minutes of the Regular Session of the Town Council 08/20/92 Page 2 of 6 some time in the future. Mr. Jeppson stated that MCO requested some of the setbacks be changed on some of the residential lots. The applicant had asked that the standard setbacks be changed on some specific lots. Mr.Jeppson said the standard setback in the front and back of an R1-35 lot was 40 feet. MCO had requested a reduction of that figure to 20 feet. He added that that request and grant were common. Mr.Jeppson stated that the standard minimum between buildings was fifteen feet and they were requesting a minimum of ten feet. He said they requested a change in the minimum lot size from the standard 35,000 to 30,000 square feet. Mr. Jeppson stated that staff and the Planning and Zoning Commission recommended approval of the request to re-zone with stipulations. He said one stipulation was that the berm would be placed within six months. He said staff would be allowed to review the driveways along the lots on Saguaro Boulevard to assure that the design enabled people to pull out onto the street. He said they would not permit persons to back out of drives onto the street. Mr. Jeppson said staff requested that the Bill Larson &Associates would be converted to a single family residential use by January 1, 1995. He stated that the minimum lot size requirement would remain 35,000. Lots 10, 11, 19, and 20 would be considered non- conforming use regarding size. Mr. Jeppson said they would grant the minimum rear yard setback request for lots 10, 11, 15, 16, 19,and 20. He stated that the minimum distance between buildings of ten feet was granted. Mr. Jeppson said the opposition they had received was from the traffic flow on Saguaro. Councilman Clark asked how the separation of residential and Industrial zoning would be done. Mr. Jeppson said the natural topography would serve as the protection and division. Councilman Clark asked how the lots on the north side of the section would be screened from the Ind-2 area. Mr. Jeppson stated that the applicant had not addressed that issue. Councilman Clark asked when the appropriate time would be to ask the applicant to address the screening from the residential area. Mr. Jeppson stated that the terrain on the Industrial property was so severe that he did not believe it would be developed as Industrial. He said that he had some favorable responses from citizens that had called. They liked the proposed development. Mr. Bielli, Director of Communication for MCO Properties, gave a presentation. He gave the back ground of the zoning of the property. Mr.Bielli said that in 1985 MCO re-zoned a portion of the land to expand the Industrial zoning. He said at that same time, the area that was zoned for R-3 was re-zoned to Commercial office zone. Mr. Bielli stated that the commercial area was to act as the buffer between the Ind-1 area and the residential. He said that in 1989 MCO added Industrial-2 zoning to the area because the Ind-1 zoning restrictions were too strict for many of the potential users that showed interest in the area. He stated that the Ind-1 and Commercial areas were not reduced in size and that some of the residentially zoned property was used for the Ind-2 section. Mr. Bielli said that many of the lot sizes and shapes were unusual because of the topography adding that MCO was currently designing the screening berm. He said it would be a wall that blended into a land form and would be incorporated into a natural ridge line. Mr. Bielli said the developer intended to landscape and develop entry statements into the differently zoned areas of Firerock Estates and Centre. He said there would be a very noticable difference between the residential and industrial areas. Mr. Bielli stated that there would be a Master Association that would maintain the landscaping and the entry wall. Councilman O'Brien asked why they didn't submit the proposal as an Ri-18. Mr.Bielli stated that there were very few lots that were less than 35,000. He said they felt the R1-35 zoning was a better transitional zoning from the existing adjacent Rural 43. Mr. Henry,Lunar Lane,asked why the developer did not apply for the entire area why didn't the subject areas have two access areas when the five year and ten year plans required more than one,and why a 1,200 square foot home would be allowed in an R1-35 zoning district. He stated that on July 23 he was at a meeting and heard someone say that to fit a residence on some of the odd-shaped lots, they would have to be that size. Mr. Henry asked why, in cases where a wash was at the rear of a lot, the property line wasn't moved back into the wash. Mr. Bielli addressed the questions in order. He said the reason the lot was added on,was that there was a graded pad there. He said MCO felt it would be an amenity for the association. Mr. Bielli clarified the answer by saying that it was not a lot for construction but was open space for the association. Mr. Bielli stated that the Master Plan did show the road eventually connecting with Fountain Hills Boulevard. He said it would be in place,just not built. Mr. Bielli said the developer was looking at a minimum square footage requirement of over 2,000. Mr. Bielli stated that they did not encroach into the area of the wash behind the lots because it was a major wash and the developer did not want construction to interfere with the natural drainage. Mr.Jeppson said the Zoning Ordinance did not address minimum square footage. He said the setback issue was to discourage construction in the washes. Mr.Evancho said no one had defuutly said what the minimum home sizes were going to be, and that there shouldn't be any match stick houses. Vice Mayor Fox stated that if a person wanted to purchase a lot they would have to meet the Deed kir Minutes of the Regular Session of the Town Council 08/20/92 Page 3 of 6 Restrictions and the zoning requirements. Mr.Bielli sta PA that the developer was going to have a minimum of 2,000 square feet. Mr. Jeppson said the Town addressed the percentage of lot coverage. Councilman Minarsich said the upper end lot purchasers were not inclined to build match stick residences. He stated that it had not happened in any other upper end area in town. Councilman Clark asked about the Committee of Architecture's control on the new area. Mr.Bielli stated that the developer would form a Home Owner's Association with a review board. Vice Mayor Fox closed the public hearing at 7:25 p.m. He reconvened the regular session at 7:26 p.m. AGENDA ITEM#8-CONSIDERATION OF ORDINANCE 92-07,AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AND THE TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS,ARIZONA PURSUANT ARTICLES XXVII AND XXXI OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, IN THE AREA COMMONLY KNOWN AS "FIREROCK ESTATES", CASE#Z92-01. Councilman Minarsich said he had spoken to staff and the applicant regarding his concerns over the economic development in the community. He stated that his concerns had been addressed that night. Councilman Minarsich said what they had seen that night during the presentation was economic development. Councilman Hudson asked Mr. Bielli if MCO had any concerns with the Town's recommendations. Mr. Bielli said they were in support of them. Councilman Minarsich made a MOTION to approve Ordinance 92-07,making it the official zoning map of the Town of Fountain Hills,Arizona,and the text of the Zoning Ordinance for the Town of Fountain Hills,Arizona, pursuant articles XXVII and XXXI of the Zoning Ordinance for the Town of Fountain Hills,in the area commonly known as "Firerock Estates", Case #Z92-01, with the stipulations as earlier stated by staff. SECONDED by Councilman Clark. Councilman O'Brien said the time table before the Council on the General Plan was such that it would become effective by February 1993. He stated that he could approve most of the proposal, however, he said it was the major industrial use area in Fountain Hills. Councilman O'Brien said there might be other areas in town that could be zoned industrial but there might not be. He suggested that the issue be tabled until after the approval of the General Plan. Councilman O'Brien made a MOTION to TABLE until after the General Plan was approved. Councilman Clark stated that he had the same concern before the presentation at the meeting but but that he now felt it was an appropriate rezoning. Motion FAILED due to lack of a second. Councilman Minarsich said demand would create supply. He stated the residential zoning would be a benefit to the area. Councilman Minarsich stated that if there was an increased demand for Industrial land in Fountain Hills in the future,the developer would provide it. Vice Mayor Fox stated he liked what the applicant did and said he did not ever envision Industrial development on it because of the severe topography. He said he thought it was an enhancement to the existing residents in that area. Councilwoman Tibbetts stated that Industrial zoning was a part of a master planned community. She said that the area to be rezoned was one of the nicest in Fountain Hills. She stated that she was in favor of the request. Councilman Clark asked what the options were when the existing Industrial area was built out. Councilman O'Brien stated that the south half of Plat 208 would be ideal. Vice Mayor Fox said there were many areas that could be developed. Councilman Clark asked what would be done if the area boomed with all the changes that had taken place. Mr. Bielli stated that there was a possibility on Shea Boulevard and showed other areas on a map. Councilman Hudson said the General Plan was not a zoning document. He stated that the requested zoning change was beneficial to the Town. Vice Mayor Fox called for a vote on the motion. The original motion CARRIED with a vote of five aye votes to one nay vote cast by Councilman O'Brien. AGENDA ITEM #9 - CONSIDERATION OF RENEWING THE CONTRACT WITH THE MARICOPA COUNTY SHERIFF'S DEPARTMENT FOR POLICE PROTECTION SERVICES FOR THE 1992-93 FISCAL YEAR IN THE AMOUNT OF$430,724. Councilman Minarsich made a MOTION to accept the proposal as read. SECONDED by Councilman Clark. Mr. Nordin suggested one amendment to the proposal reading in an amount not to exceed $435,724. Councilman Minarsich WITHDREW the motion and RESTATED THE ORIGINAL MOTION to approve the contract with Minutes of the Regular Session of the Town Council 08/20/92 Page 4 of 6 the Maricopa County Sheriff's Department for police protection services for the 1992-93 fiscal year in an amount not to exceed$435,724. SECONDED by Councilman Clark and CARRIED unanimously. AGENDA ITEM#10 - CONSIDERATION OF APPROVING FINAL PLAT#509. Mr. Jeppson displayed a plat map showing the location of plat 509. He stated that MCO was proposing to reduce the density in the remaining areas. Mr.Jeppson stated that MCO was developing plat 509 just as they did plat 508 but but that the lot sizes had been increased. Mr.Jeppson stated that the construction restrictions were also strict. He said the Planning and Zoning Commission and staff recommended approval. Mr. Jeppson stated that the resolution before the Council was to abandon the underlying plats and the interest of the Town in the public rights of way and easements within the plats. Mr.Jeppson stated that staff recommended approval of the Resolution 1992- 23 and the final plat 509 upon approval of the improvements and the Town secured the surity agreements for the off-site improvements. Councilman Clark made a MOTION to approve as Mr.Jeppson stated. SECONDED by Councilman Minarsich. Councilwoman Tibbetts asked if the residents of that plat would become members of the North Heights Association. Mr. Bielli stated the whole 500 series of plats would become the North Heights Association. Motion CARRIED unanimously. AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 1992-23, ABANDONING WHATEVER RIGHTS,TITLE,OR INTEREST THE TOWN HAS IN THOSE CERTAIN LOTS AND RIGHTS-OF-WAY IN PLAT 507-A, BLOCK 4; PLAT 507-C, BLOCKS 1, 2, AND 3; AND PLAT 507-D, BLOCKS 2, 3, AND 4. Councilman Minarsich made a MOTION to approve as read. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. L AGENDA ITEM#12- CALL TO THE PUBLIC. Vice Mayor made the call to the public. There was no discussion. AGENDA ITEM#13 - ADJOURNMENT. Councilman Hudson made a MOTION to adjourn. SECONDED by Councilman Tibbetts and CARRIED unanimously. The Council adjourned at approximately 7:55 p.m. Minutes of the Regular Session of the Town Council 08/20/92 Page 5 of 6 TO OFF By: ilzytiLt,\.) Jo . Cutillo, yo ATTEST: eitz,41 .61• Cassie B. sen, T Clerk PREPARED B Lan L. Bratcher, Secretary CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills on the 20th day of August 1992. I further certify that the meeting was duly called and that a quorum was present. DATED this .34 ik day of September 1992. nn .44,1;, , atii&44..) Cassie B. Hansen, Town Clerk 'gm) Minutes of the Regular Session of the Town Council 08/20/92 ,4410 Page 6 of 6