HomeMy WebLinkAbout1994.0317.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
MARCH 17, 1994
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30
p.m.,Thursday,March 17, 1994,in the Fountain Hills Town Hall Council Chambers,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: Mayor John Cutillo, Vice
Mayor Mike Minarsich, and Councilmembers Don Lawrence, Peg Tibbetts, Frank Clark, Wally Hudson, and Bill
O'Brien. Also present were Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Director of Community
Development Gary Jeppson, Current Planner Jeff Valder and Associate Planner Loras Rauch.
Mayor Cutillo read the consent agenda which included:
AGENDA ITEM#2. - ACCEPTANCE OF THE MEETING MINUTES OF MARCH 1 AND 3, 1994.
AGENDA ITEM#3. - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY
MR. ROBERT P. CIRILLO FOR "CATERING WITH MEMORIES". THE APPLICATION IS FOR A
TRANSFER OF THE EXISTING CLASS 7 LIQUOR LICENSE CURRENTLY ISSUED TO THE CASK
AND KEG.
AGENDA ITEM #4. - CONSIDERATION OF RESOLUTION 1994-05, AUTHORIZING THE
PRELIMINARY STEPS TO BE TAKEN TO BECOME A PARTICIPATING EMPLOYER IN THE PUBLIC
SAFETY PERSONNEL RETIREMENT SYSTEM ON BEHALF OF THE FULL-TIME,PAID MUNICIPAL
POLICE OFFICERS OF THE TOWN OF FOUNTAIN HILLS.
AGENDA ITEM#5. - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE
ROTARY CLUB FOR THEIR ANNUAL CAR SHOW, THE ROTARY MOTARY. THE CAR SHOW IS
SCHEDULED FOR SATURDAY,MARCH 19TH AND THE CONCOURSE SHOW IS SCHEDULED FOR
SUNDAY,MARCH 20TH, 1994. THE EVENT WILL TAKE PLACE IN FOUNTAIN PARK.
AGENDA ITEM#6.-CONSIDERATION OF RESOLUTION 1994-06,DECLARING AND ADOPTING THE
RESULTS OF THE PRIMARY ELECTION HELD ON MARCH 8, 1994; AND ORDERING THE
RECORDING OF SUCH RESOLUTION.
AGENDA ITEM #7. - CONSIDERATION OF RESOLUTION 1994-07, ACCEPTING FROM ARIZONA
DISTRICT COUNCIL OF ASSEMBLY OF GOD ALL RIGHT,TITLE,AND INTEREST THEY POSSESS
TO CERTAIN REAL PROPERTY LOCATED IN FOUNTAIN HILLS, ARIZONA.
AGENDA ITEM#8. - CONSIDERATION OF RESOLUTION 1994-08, DECLARING THE RESULTS OF
AND ADOPTING A CERTIFICATE OF RESULT OF THE SPECIAL BOND ELECTION HELD ON
MARCH 8, 1994, SEEKING AUTHORIZATION FOR THE ISSUANCE AND SALE OF $1,435,000.00
PRINCIPAL AMOUNT OF TOWN OF FOUNTAIN HILLS, FOUNTAIN HILLS BOULEVARD
IMPROVEMENT BONDS, PROJECT OF 1994; AND ORDERING THE RECORDING OF SUCH
CERTIFICATE.
Minutes of the Regular Session of the Town Council 03/17/94
Page 1 of 10,
Councilman Hudson MOVED approval of the consent agenda and Councilwoman Tibbetts SECONDED.
Councilman Hudson said he wanted to publicly thank the Council of the Assembly of God for their generous 1411)
donation of property. He said it showed active participation within the town and would give the town, when and
if the town progressed with changes to Fountain Hills Blvd., some of the property to make it a much safer street.
A roll call vote was taken with the results as follows:
Mayor Cutillo aye
Vice Mayor Minarsich aye
Councilman O'Brien aye
Councilman Hudson aye
Councilman Clark aye
Councilwoman Tibbetts aye
Councilman Lawrence aye
The motion CARRIED unanimously.
AGENDA ITEM #9. - PRESENTATION BY COUNCILMEMBERS PEG TIBBETTS AND DON
LAWRENCE TO THE FOUNTAIN HILLS LICENSED CONTRACTORS ASSOCIATION FOR THEIR
CONTRIBUTIONS TO GOLDEN EAGLE PARK.
Mr. Gordon Pittsenbarger was asked to step forward to receive the presentation. (Mr. Ron Miller was not in
attendance and Mr. Jack Bercel arrived later and was similarly recognized.) Councilwoman Tibbetts said she had
known Mr.Pittsenbarger and many of the other licensed contractors for many years. In the past,she said,they had
donated a great deal of their time and effort to community efforts and recently had put the wall around the new Tot
Lot. She said, knowing the caliber of the people involved, she assumed they would continue to be active in the
future. She thanked Mr. Pittsenbarger for the brains and brawn represented by the group of contractors he
represented.
Councilman Lawrence read the plaque's inscription: "Appreciation Award presented to the Fountain Hills Licensed
Contractors Association for your generous support and dedication in making the Tot Lot at Golden Eagle Park a
reality for the children of Fountain Hills; March 17, 1994."
AGENDA ITEM#10.-CONSIDERATION OF AWARDING THE ANNUAL CONCRETE CONSTRUCTION
CONTRACT FOR STREET MAINTENANCE AND REPAIR.
Mr. Randy Harrel said bids were received for an annual concrete repair and construction contract on March 1. The
contract was an 'As-Required'-type contract. The bid items were simply there to establish unit prices for the various
items of work that would occur over the next 12 months. The town had the option of renewing the contract for up
to two additional one-year periods. The project was advertised,five bidders picked up plans,but only two actually
bid on the contract. The low bidder was Down To Earth Contracting,Inc.,with a bid of$63,343. The bid had been
reviewed and appeared reasonable except for two items, one of which would probably be done by the Street
Department. The second item would probably not get much, if anything, done to it because of the cost. Staff
recommended approval of the contract for Down To Earth Contracting, Inc.
Councilman Hudson MOVED approval of the concrete repair and construction contract to be awarded to Down to
Earth Contracting,Inc.,of Wickenberg in the amount of$63,343. Vice Mayor Minarsich SECONDED the motion
which CARRIED unanimously.
Minutes of the Regular Session of the Town Council 03/17/94
Page 2 of 10,
Mayor Cutillo recessed the regular Council Meeting at 6:39 and declared a public hearing open.
AGENDA ITEM #11. - PUBLIC HEARING ON AN APPLICATION FROM PULTE HOME
CORPORATION TO REZONE (CASE #Z93-10) 36.253 ACRES LOCATED NORTHEAST OF SHEA
BOULEVARD, SOUTHEAST OF SAGUARO BOULEVARD, WEST OF FORT MCDOWELL INDIAN
RESERVATION,AND SOUTH OF CLEAR AIRE SUBDIVISION FROM "R-5" TO "R1-6 R.U.P.D." AND
"OSR".
Ms. Loras Rauch said the agenda item was twofold: a request to rezone the property and an appeal of the Planning
and Zoning (P&Z) Commission's action to deny the preliminary plat for Sunrise Point, though the hearing would
only address the rezoning. She made her presentation per the attached memos. Ms.Rauch said staff recommended
approval since the number of potential units was reduced from 1500 to 98 units, it was a change from multi-family
to single-family use, there was planned preservation of contiguous open space,and an 85-foot wide trail easement,
which would be a buffer area. Staff proposed elimination of a frontage road on Saguaro Blvd.that was not a desired
or needed engineering feature and increased landscaping,which the developer had agreed to. Staff had added one
item to their original list of ten stipulations: Rezoning to R1-6 R.U.P.D. and OSR would be contingent upon the
Town Council approval of the final plat.
Mr. Paul Gilbert, 3200 N. Central, spoke on behalf of Pulte Homes. Mr. Gilbert said the request was for
downzoning the property--from R-5 to R1-6 R.U.P.D.and OSR. The P&Z Commission had recommended approval
of the R1-6 designation but recommended denial of the preliminary plat and the R.U.P.D. request. Pulte was
requesting approval of the R1-6 designation with the R.U.P.D.and approval of the preliminary plat. He said Pulte
felt the rase represented a classic use of what the R.U.P.D. was designed to accomplish and he noted that staff had
recommended approval. He said the P&Z Commission, in a letter to the Council, stated that after reviewing the
Fountain Hills General Plan, the Fountain Hills Subdivision Ordinance, the Zoning Ordinance, the application for
rezoning,the applicant's supplemental narrative report,the preliminary plat,the staff report and after public testing
had recommended rezoning the subject property to R1-6 and not permitting the R.U.P.D. Mr.Gilbert said he would
like to focus upon those very documents used by the P&Z Commission. His basic premise was, he said, that the
conclusion would be drawn from those documents that the case should indeed be approved.
Mr. Gilbert began with the General Plan which,he said,recommended a higher density than what was proposed by
Pulte. The Subdivision Ordinance designated certain standards, requirements, and procedures for subdivision
approval,all of which were conformed with. The Zoning Ordinance,prior to December 1993 when the request was
filed,had included the R.U.P.D. category which was now called P.U.D., though it meant the same thing. All other
documentation the P&Z Commission used to arrive at their decision supported the R.U.P.D. The application,he said,
was in full compliance with all regulations applicable to an R1-6 R.U.P.D. The letter also stated there was no need
for the R.U.P.D.,and he said Pulte took vigorous exception to that. In addition,the letter stated that reductions were
inappropriate and inconsistent with the zoning standards already adopted by the town. Mr. Gilbert said he wished
to elaborate on that point. He said if the Town did not want R.U.P.D.'s,that designation should have been deleted
from the Zoning Ordinance long ago. As it was, the designation was there and Pulte wished to use it and was
complying with all of the provisions therein. In response to the minimum 15-foot front yard setback, since the
hearing the applicant had agreed to comply with the 20-foot front yard requirement. One of the P&Z Commission's
justifications for denial was that the site was located in a highly-visible key entrance to the town. Pulte submitted
that was one of the very reasons the application should be approved. In looking at the plan,he said,the smaller lots
which were on the southern portion of the property were separated from Shea Boulevard by land which was zoned
R-5,or,for example,apartments,so the smaller lots would serve as a transition and eventually be blocked from site
by R-5 construction. From Saguaro, only the larger lots would be visible, so most of the subdivision would be
screened either by street or by the hills and would be visible only from the Indian reservation,and even then would
have the large buffer area between.
Mr.Gilbert then took exception to a March 3 memo from P&Z Chairman Bob Thomas. In that memo,Mr.Thomas
stated that he felt the application to be a misuse of the R.U.P.D. Mr. Gilbert said Pulte was surprised by that
Minutes of the Regular Session of the Town Council 03/17/94
Page 3 of 10,
statement since staff had said it was a good use of the R.U.P.D.,and they were the professional people charged with
advising on the ordinance. The P&Z Commission Chairman's memo apparently ignored the conditions on the
property that warranted the use of an R.U.P.D.and stated that the applicant requested carte blanche approval to apply
to extensive portions of the development, not because of any impediments to normal development but basically to
increase the number of developable lots. Mr. Gilbert said all lot sizes in the area of question met the lot size and
lot width standards of R1-6 but if they were forced to comply with the required setbacks,would lose nearly half of
their available product type, thereby resulting in more homes looking the same. He said the charge that they
requested carte blanche approval simply to increase density was not true. There was an additional 6.7 acres of the
property that could be disturbed and still be in compliance with the ordinance, so if they wanted to maximize the
density, they had another 6.7 acres to do so. Their plan was a carefully thought out plan to meet the product
requirement and preserve the hillside requirement and open space,not increase the density. He said he also felt the
chairman was encouraging them to disturb rather than preserve the open terrain in order to create lots that were of
proper width. Another issue in the memo he took exception to was Mr.Thomas'statement that they were not taking
proper advantage of the R.U.P.D. since they were using the R.U.P.D. designation for their smaller lots in an area
rather than in the hillside area. Mr. Gilbert said the point Mr. Thomas missed was that the larger lots were put in
the hillside area to reduce the amount of cut and fill, which is exactly what the R.U.P.D. was intended to do.
Mr. Gilbert read the definition of an R.U.P.D.and said that was exactly the situation with Pulte where variations in
the dwelling types was necessary due to topography and open space. He said the R.U.P.D.did not allow an increase
in density. Pulte's request for an R.U.P.D. did not automatically increase their density and, in fact,was under the
allowable density. In exchange for asking for the R.U.P.D.,Pulte was offering to preserve 14.9 acres,or 41 percent
of the property, as undeveloped open space to be zoned OSR. Pulse's engineer had designed a plan that would
conform to all existing R-5 and R1-6 requirements. That plan reduced the 14.9 acres of open space to 13.2 acres,
or a reduction of 1.7 acres. That plan would involve substantially more grading and cut and fill areas; however, it
would meet all of the town's hillside development and site disturbance requirements. He said the issue before the
Council was whether it was more important that a few lots were 10 feet wider,or to preserve nearly seven acres of
undisturbed desert.
He said there were other R.U.P.D.'s in Fountain Hills and, while they may have been developed while under
Maricopa County jurisdiction, they did exist. This project did not propose anything new from many other existing
subdivisions in Fountain Hills,including: The Morningside at Lakeside Village with lot widths of between 40 and
50 feet; Lakeside Patio Homes had lot widths of 50 feet; Arriba del Lago had lot widths of 40 to 50 feet;
Morningside at Lakeside Village Phase 2 had lot widths of 45 feet; and the Clean Aire subdivision which was
adjacent to the planned Pulte project included lot widths of 41 feet. Each of those subdivisions was single family
home developments. He said Pulte went and knocked on doors in the Clean Aire subdivision and found 24 neighbors
to sign a petition stating they were not opposed to the R.U.P.D.
Mr.Gilbert said the application represented a substantial down zoning. The R-5 allowed the density of one dwelling
unit per 1000 square feet. At that density, in theory,a 1500 unit apartment complex could be constructed on a 36-
acre site such as theirs.
Mr. Gilbert closed with a small discussion on the Pulse product to illustrate there was a wide variety of homes that
could be built on the property.
Mr. Jon Klesner, 16730 E. Palisades said he was neither pro nor con to the project, but said there was a major
problem with the possible Monterey Dr. cut through to Shea Blvd. At that intersection, traffic could cross Shea
Blvd. with no traffic signals and he strongly urged that it be designed to be a right-cum only or do something else
so traffic could not be allowed to cross unstopped due to accident potential.
Mr. Bruce Hansen said as a member of the P&Z Commission,he was quite surprised to find out there were things
being done in the name of the P&Z Commission that he was unaware of such as Mr. Thomas' letter. He said he
was the only positive vote for the Pulte project. He said there were five lots fronting on Saguaro and the project
Minutes of the Regular Session of the Town Council 03/17/94
Page 4 of 10,
was not visible from Saguaro. He thought it was a good project, a good use of the land, and was certainly a good
down zoning.
Mr. Bob Thomas said the memo quoted by Mr. Gilbert was written under his own name, not as P&Z Chairman.
He said the portions quoted by Mr. Gilbert were not in context and he requested permission to read the memo.
Mayor Cutillo granted permission provided he did so in a timely manner (memo attached).
Mr. John Brunskill said he lived in Clear Aire and had talked to many people there and found the concensus to be
in agreement with the P&Z Commission so far as the R1-6 zoning. The only ones who disagreed were those in fear
of apartments being built there instead. He questioned the 24 people Pulse found because he hadn't talked to any
of those.
Councilman Clark read a letter(attached) from a resident(William McGivem) who could not attend and requested
the letter be read.
Ms.E.J.Goodwin said she,too,was an owner in Clear Aire and wanted to comment that the 24 people that signed
the Pulte petition represented less than half of the 60 homes there.
Mr.Sam Cioffi said the P&Z Commission had made it clear in their decision that they had no problem with the Pulte
product,but felt the request was an inappropriate use of the town's P.U.D. The subdivision could be platted as a
standard R1-6 but Pulte asked for variances on virtually every dimensional requirement in the zoning code with the
only benefit being a savings of approximately 1.6 acres and gave them six more lots than would have been had
otherwise.
Mr. Pittsenbarger said that at the last P&Z Commission meeting they approved a subdivision for New American
Homes. It was a similar situation with multi-family housing and a request for rezoning. In that instance, the
developer submitted standard size lots and requested no variances and it went through the P&Z Commission seven
votes to zero in favor with many comments on the good design job. He said the New American was much more
visible than the Pulte would ever be and wondered why there was all the controversy over the R.U.P.D. and why
Pups didn't present a product like New American Homes did.
With no further comments, Mayor Cutillo declared the public hearing closed at 7:42 p.m. and resumed the regular
Town Council meeting.
AGENDA ITEM #12. - CONSIDERATION OF ZONING CASE #Z93-10 TO REZONE 36.253 ACRES
LOCATED NORTHEAST OF SHEA BOULEVARD, SOUTHEAST OF SAGUARO BOULEVARD,WEST
OF FORT MCDOWELL INDIAN RESERVATION, AND SOUTH OF THE CLEAR AIRE SUBDIVISION
FROM "R-5" TO "R1-6 R.U.P.D.", AND "OSR".
Councilman Hudson asked Mr. Jeppson to comment on the contention that Pulse's request was contrary to the
definition of an R.U.P.D. Mr. Jeppson said the Residential Planned Development Provision allowed the Town to
specify waivers from standardized setbacks for individualized lots. The R.U.P.D.provision allowed the Town to also
take a development and cluster those units and provide for open spaces to be preserved. He said he did not feel the
developer's request to reduce the minimum lot size was inappropriate. Councilman Hudson asked if the Planning
Department had, in correspondence with the developer, told them it was their opinion that the R.U.P.D. would not
be approved by the P&Z Commission and that an R1-6 would have a better chance of approval. Mr.Jeppson said
staff did make an indication that the P&Z Commission had spoken out against R.U.P.D. requests and that a
standardized zoning request would be received much more readily.
Vice Mayor Minarsich asked Mr. Gilbert to clarify and expound on Pulse's contention that they would be able to
offer only one-half of the variety of homes they wished to offer if the R.U.P.D. was not granted. Mr. Gilbert said
iltar,. Minutes of the Regular Session of the Town Council 03/17/94
Page 5 of 10,
the model and type of homes Pulte had did not fit the subdivision and would not fit on the lot size specified by R1-6.
Councilwoman Tibbetts said it appeared the P&Z Commission was leaning toward a more narrow interpretation of Nod
what an R.U.P.D. was for. Many of the existing R.U.P.D.'s had no topographical features involved in the decision
to grant the R.U.P.D. and she said she liked the flexibility of a P.U.D. option.
Councilman Clark asked Mr.Harrel what the Traffic Impact Study referred to had produced. Mr. Harrel said there
was a request for a Traffic Impact Study for Monterey,primarily to address the issue of whether there would be a
great deal of cut-through traffic likely and what would be the appropriate street classification for Monterey. The
determination was that Monterey was appropriately sized as a minor collector street and the cut-through traffic issue
showed that the travel time cutting through on Monterey versus traveling Shea to Saguaro would be approximately
the same and the conclusion was that cut-through traffic would not be a problem. Mr.Harrel said he disagreed with
the latter finding and felt cut-through traffic could be a problem. Councilman Clark asked if the study addressed
left-hand turns from Shea onto Monterey and Mr. Harrel answered that it had and it was felt that the amount would
be relatively small and not a problem.
Vice Mayor Minarsich said he was attempting to determine why the P&Z Commission had a problem with the
P.U.D.issue. He said he had heard so much recently about production housing,but apparently P&Z had no problems
with the nature of Pulse's housing. He compared Pulte with the New American recently approved: New American
requested a cut and fill waiver,Pulse did not;New American had 32%open space designated,Pulte had 40%; both
requested a reduction in densities,and he asked Mr. Thomas whether the issue was practicality versus technicality
on the uses of the land. Mr.Thomas answered that he believed it was the job of the P&Z Commission to carry out
the ordinances ordained by the Council for the Town. He believed that the Council was in a position to make
political decisions and legislate new ordinances,which the P&Z Commission could not. He felt if the R.U.P.D.were
used in the manner requested by Puke, the Commission would be legislating new zoning districts contrary to the
general plan and contrary to the zoning code. He said the Commission had approved New American's Paradise
Ridge since the only exception was made by the Council prior to being heard by the Commission and the waiver
was accepted because it was ordained by the Council and since everything else was within the zoning code,the plan
went forward. Vice Mayor Minarsich asked Mr.Thomas,setting aside the P.U.D.technicality,if he felt the project
would be a good project for that area for the Town. Mr.Thomas said he did not simply because it did not fit within
the zoning code and if the P.U.D. was used in that manner, the zoning code would serve no purpose because
everything could be done under the P.U.D.
Councilwoman Tibbetts disagreed and said flexibility,especially in Fountain Hills,was needed due to the topography
and extraordinary situations. She said there should be a basic zoning definition,but if a good purpose was presented,
the ability was needed to make modifications thereto. Mr. Thomas said he believed most,if not all,of the existing
R.U.P.D.'s were granted by Maricopa County, not by the Town of Fountain Hills,and the county had little interest
in the Town's development. A deviation or variance was, therefore, reasonably easy to procure from them.
Councilman Lawrence read from the Zoning Ordinance regarding R.U.P.D.'s,"...The purpose of residential plan and
development is provided for the large-scale residential development wherein variation of the lot size and open space
about them is warranted to topography or other considerations..." He said the"other considerations"gave the Council
the latitude to hear applicants and evaluate other considerations. He said he felt the Pulte site had other
considerations and extenuating circumstances that it would be wise to consider. He said he didn't believe the
possibility of apartments being built to be a scare tactic but a reality. Pulte was offering 90 single-family units,tot
lot/playground,and a homeowners' association with eight different benefits. He didn't think he could gamble away
the advantages offered by Pulte for the possibility of a 900-1500 unit apartment complex and would be in favor of
the R.U.P.D.
Councilman O'Brien referred to Mr.Gilbert's statement that alternative plans for R-5 and R-6 alternatives had been
drawn up and said he would prefer to rezone R-6 without the R.U.P.D.
Minutes of the Regular Session of the Town Council 03/17/94
Page 6of10 ,
Councilwoman Tibbetts asked how Monterey was going to be handled where it intersected Shea. Mr. Harrel said
staff had presented at the Commission level four different options as to what could happen at that intersection and
discussions were also being conducted with MCO Properties regarding other considerations;in particular,no left-hand
access into or out of the south property. Mr. Harrel said there was currently a median break at the intersection and
no change was planned to that. Staff recommended the stipulation that the alignment and routing be acceptable to
the Town Engineer. Mayor Cutillo said the Council could continue the median to prevent a left-hand turn without
the consent of MCO. Mr. Harrel said that though the roadway was indeed in the Town's jurisdiction, the median
was put in by MCO and was put in in agreement with the county highway department. If the Town were to close
the median, there could be a legal challenge.
Mayor Cutillo said he saw the project as an improvement over what the likely possibilities could be. The R.U.P.D.
he said, was a very valuable tool and was going to be more valuable in the future when the land approaching the
mountains was going to need protection. He disagreed with Mr.Thomas that it would be restrictive to Planning and
Zoning. Mayor Cutillo MOVED to approve the application of zoning case#Z93-10 to rezone 36.253 acres from
R-5 to R1-6 R.U.P.D. and OSR as recommended by staff with the staff stipulations included and Councilman
Lawrence SECONDED the motion.
Mr. Jack Bercel said he was sure the Council had given the matter much thought and he respected Planning &
Zoning and staff since they looked out for the citizens' interests. What he appreciated most was the flexibility
mentioned and he felt his rights were protected when the Council and P&Z Commission and staff kept that in mind.
He recommended flexibility be used and a favorable vote cast.
Mr. Pittsenbarger said, as he remembered, Pulte had stated that if the change was made to the R1-6, the total lots
would be reduced by approximately seven to nine. He said he wondered why the area specifically needing the
rezoning couldn't be replatted to 60-foot lots and the rest left as is.
Mr. Hansen said the P&Z Commission had recently approved the New American project where the plans called for
the leveling of a hill about 25 feet high to street level and shoving the fill down to Fountain Hills Blvd., but
apparently since the lots were 60 feet, it was ok. Now Pulte wanted to build and had no plans to level and fill,but
their lots were only 50 feet, so people felt their project shouldn't be approved. He said he didn't feel that was
consistent. The R.U.P.D.'s were part of the zoning ordinance so there could be negotiations with the builder. If the
Commission wasn't in favor of the R.U.P.D.'s, then they should be removed from the ordinance.
Mr. Thomas said the key word was 'mitigating' circumstances and said he felt if the Council approved the request,
there would be a new policy set saying,in effect,one benefit could be traded for another. If that policy was invoked
and if no policy was set to inhibit the P&Z Commission from taking a much broader view of R.U.P.D.and possibly
running rampant, the zoning ordinance would be of no use. He said there should be a test of mitigating
circumstances and, thus far, he hadn't heard any discussed.
Mr. Sam Cioffi, said the R.U.P.D. was certainly a valuable tool and the P&Z Commission was in the beginning
process of putting together criteria to use in judging whether an R.U.P.D. was appropriate at any given location.
He said in looking at the map, the area necessitating the requested zoning change, which had been suggested as
possibly being topographically necessitated,was the flatter part of the site--the part considered to be as close to the
valley and unlike Fountain Hills as any part of the property. The developer did not use the topographic argument
on any of the sites where it might have been legitimate. He also said he couldn't understand a house that could fit
on a fifty-foot lot and wouldn't fit on a sixty-foot lot; or a house on a fifty-two hundred square-foot lot not fitting
on a six thousand square-foot lot; or a house that fit with a fifteen-foot setback but not with a twenty-foot setback.
He said it was clear that the use of the R.U.P.D. was requested for the flat area--the area they could jam the most
lots on. He said the P&Z Commission felt that was an inappropriate rationale for the use of the R.U.P.D.
A roll call vote was taken with the results as follows:
„„ Minutes of the Regular Session of the Town Council 03/17/94
Page 7 of 10,
Mayor Cutillo aye
Vice Mayor Minarsich aye
Councilwoman Tibbetts aye
Councilman Lawrence aye
Councilman O'Brien nay
Councilman Hudson nay
Councilman Clark nay
The motion PASSED four (4) aye votes to three (3) nay votes.
AGENDA ITEM#13. - CONSIDERATION OF APPEAL FROM PULTE HOMES CORPORATION OF A
DENIAL OF A PRELIMINARY PLAT BY THE PLANNING & ZONING COMMISSION FOR THE
PROPOSED SUNRISE POINT SUBDIVISION (S93-31).
Mr.Jeppson said the plat was initially rejected because it did not conform with the existing zoning,but now that the
rezoning had just been adopted, barring a 30-day referendum,the proposed subdivision now was approvable under
the town ordinances.
Vice Mayor Minarsich MOVED to accept the request for appeal and approve the preliminary plat of.Sunrise Point.
Mayor Cutillo SECONDED the motion. A roll call vote was taken with the results as follows:
Councilman O'Brien nay
Councilman Hudson nay
Councilman Clark nay
Councilwoman Tibbetts aye
Councilman Lawrence aye
Vice Mayor Minarsich aye
Mayor Cutillo aye101111)
The motion CARRIED four (4) aye votes to three (3) nay votes.
AGENDA ITEM#14.-CONSIDERATION OF A REQUEST BY CENTENNIAL HOMES FOR A WAIVER
FROM THE 10 FOOT VERTICAL CUT AND FILL LIMITATIONS SPECIFIED IN SECTION 309 OF THE
FOUNTAIN HILLS SUBDIVISION ORDINANCE FOR GRADING OF A PROPOSED, 36 ACRE
SUBDIVISION KNOWN AS FOUNTAIN SHADOWS LOCATED SOUTH OF GRANDE BLVD.,EAST OF
SAGUARO BLVD. AND NORTH OF PANORAMA DRIVE.
Mayor Cutillo declared a three-minute recess to allow those wishing to leave to do so.
The meeting reconvened at 8:30 p.m.
Mr. Valder said the applicant had just requested a continuance to discuss with staff one of the problem areas in his
request. Mayor Cutillo asked Mr. Ed Lewis,President of Centennial Homes, to tell the Council the reason for his
request for continuance. Mr. Lewis said he was prepared to make a presentation if the Council desired. He said
there was one disagreement with staff related to the fill requirement greater than 10 feet in a cul de sac area and had
just come up with an idea that might be of benefit to both the subdivision and the town to redesign the civil
engineering for that one cul de sac. Mayor Cutillo said a continuance would be preferred over having the Council
hear the matter twice. Vice Mayor Minarsich MOVED to continue the item at the next Council meeting and
Councilman O'Brien SECONDED.
Minutes of the Regular Session of the Town Council 03/17/94
Page 8of10,
The question was raised from the audience as to whether the public hearing scheduled for the next Thursday,March
24, would, therefore, be cancelled. It was determined that the public hearing would be cancelled and most likely
rescheduled for April 14.
The motion CARRIED unanimously.
Mayor Cutillo recessed the regular Council meeting at 8:31 p.m. and declared a public hearing opened.
AGENDA ITEM#15. - PUBLIC HEARING ON PROPOSED ORDINANCE 94-03, AMENDING SECTION
1.06D OF THE ZONING ORDINANCE TO ELIMINATE THE MINIMUM FOUR VOTE REQUIREMENT
FOR THE PLANNING AND ZONING COMMISSION TO TRANSACT BUSINESS, AND REPLACE IT
WITH A REQUIREMENT OF AN AFFIRMATIVE VOTE OF THE MAJORITY OF THE QUORUM
PRESENT TO TRANSACT BUSINESS.
Mr.Jeppson said PRtZ Commission by-laws and a revised zoning ordinance stated that in order for the Commission
to take action,a minimum of four votes was required. The Commission preferred to be more in line with how the
Town Council operated and wished to change their by-laws and the Zoning Ordinance, Section 1.06D, to state that
the majority of a quorum present would constitute action rather than a minimum of four votes.
Councilman Lawrence asked Mr.Farrell what the Council's situation on voting was. Mr.Farrell said it was identical
unless it involved an ordinance or resolution which, by state law, required a vote greater than the majority of a
quorum.
Mayor Cutillo asked who drafted the original wording and Mr.Farrell said it was the original P&Z Commission.
Mr.Jeppson said the Commission had wanted to assure that whatever action they took would always be a majority
of the full commission rather than of just the attendees at any given meeting. Mr.Thomas said the P&Z Commission
would be in harmony with the Town Council and would also allow the Commission to adopt the Parliamentary Rules
of Procedure.
Mayor Cutillo declared the public hearing closed at 8:41 p.m. and resumed the regular Town Council meeting.
AGENDA ITEM#16.-CONSIDERATION OF ORDINANCE 94-03,AMENDING SECTION 1.06D OF THE
ZONING ORDINANCE TO ELIMINATE THE MINIMUM FOUR VOTE REQUIREMENT FOR THE
PLANNING AND ZONING COMMISSION TO TRANSACT BUSINESS, AND REPLACE IT WITH A
REQUIREMENT OF AN AFFIRMATIVE VOTE OF THE MAJORITY OF THE QUORUM PRESENT TO
TRANSACT BUSINESS.
Councilman Lawrence MOVED to amend Section 1.06D of the Zoning Ordinance and Councilwoman Tibbetts
SECONDED. The motion CARRIED unanimously.
AGENDA ITEM#17 -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.
AGENDA ITEM#18. - ADJOURNMENT.
Minutes of the Regular Session of the Town Council 03/17/94
Page 9 of 10,
Councilman O'Brien MOVED to adjourn and Councilman Lawrence SECONDED. The motion CARRIED
unanimously. The Town Council adjourned at approximately 8:42 p.m.
TOWN OF FOUNTAIN HILLS
By: /
Jo Cu lo, Mayor
ATTEST: (1,44-44.2—k_ (J •
Cassie B. Hansen, Town Clerk
PREPARED BY: 7L--e"�--1-1--4-7 9).--r, .- - .t
Rosalynn Rucker, Admimstrayve 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 17th day of March, 1994. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 7th day of April, 1994.
0,4t44,2„, 6_ hi,
Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 03/17/94
Page 10 of 10