Loading...
HomeMy WebLinkAbout1994.0602.TCRM.Minutes TOWN OF FOUNTAIN HILLS toitiry MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 2, 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, June 2, 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 Councilman Lawrence,roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, and Councilmembers Don Lawrence, Peg Tibbetts, Wally Hudson, Frank Clark and Bill O'Brien. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Director of Community Development Gary Jeppson, Associate Planner Loras Rauch, and Current Planner Jeff Valder. Vice Mayor Mike Minarsich was absent. AGENDA ITEM #2. - SWEARING IN OF MAYOR JOHN CUTILLO AND COUNCILMEMBERS BILL O'BRIEN,MARIANNE WIGGISHOFF AND DON LAWRENCE. MAYOR CUTILLO WAS ELECTED AT THE MAY 17, 1994 GENERAL ELECTION TO A TWO-YEAR TERM. COUNCILMAN O'BRIEN WAS ELECTED AT THE MARCH 7, 1994 PRIMARY ELECTION AND COUNCILMEMBERS WIGGISHOFF AND LAWRENCE WERE ELECTED AT THE MAY 17, 1994 GENERAL ELECTION, ALL TO FOUR- YEAR TERMS. Judge Stuart Shoob performed the swearing-in ceremonies concurrently. AGENDA ITEM#3. - ROTATION OF THE POSITION OF VICE MAYOR TO WALLY HUDSON. THE VICE MAYOR IS AN EIGHT-MONTH, ROTATING POSITION TO BE HELD BY EVERY COUNCILMEMBER. Mayor Cutillo announced the rotation of the title of Vice Mayor to Councilman Wally Hudson. AGENDA ITEM #4. - APPOINTMENT OF A COUNCILMEMBER TO SERVE ON THE MAYOR'S COUNCIL FOR BUSINESS GROWTH. Vice Mayor Hudson said the Mayor,the Town Manager,and one councilmember served on the committee. Former Councilman Minarsich had held the position previously,and Vice Mayor Hudson MOVED to nominate Councilman Clark to fill the position. Mayor Cutillo SECONDED the motion and MOVED that the nominations be closed. The motion PASSED unanimously. Vice Mayor Hudson requested Agenda Item#10 be removed from the consent agenda. Mayor Cutillo read the remaining consent agenda which included: AGENDA ITEM #5. - ACCEPTANCE OF THE MEETING MINUTES OF MAY 3RD, 5TH, 19TH, AND 24TH, 1994. Minutes of the Regular Session of the Town Council 06/02/94 Page 1 of 9 , AGENDA ITEM#6.-CONSIDERATION OF THE FINAL PLATS FOR MIRAGE CONDOMINIUMS LIX (59) AND LXI (61) TO LXV (65), CASE NUMBERS S94-49 AND S94-51 TO S94-55. AGENDA ITEM#7.-CONSIDERATION OF RESOLUTION 1994-24,ABANDONING WHATEVER RIGHT, `11111) TITLE, OR INTEREST THE TOWN HAS IN THAT CERTAIN PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT LOCATED ALONG THE NORTH LOT LINE OF LOT 34,BLOCK 5,OF PLAT 104 FOUNTAIN HILLS, ARIZONA, AND ALONG THE SOUTH LOT LINE OF LOT 35, BLOCK 5, OF PLAT 104 FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 139 OF MAPS,PAGE 32,RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THE WEST TEN FOOT OF EACH SAID EASEMENT AND EXCEPT THE EAST TEN FOOT OF EACH SAID EASEMENT. AGENDA ITEM#8.CONSIDERATION OF RESOLUTION 1994-26,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THAT CERTAIN PUBLIC UTILITY EASEMENT AND A PORTION OF THE DRAINAGE EASEMENT AFFECTING ALONG THE NORTHEASTERN LOT LINE OF LOT 17,BLOCK 7,OF PLAT 111 FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 150 OF MAPS, PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM#9.- CONSIDERATION OF THE FINAL PLAT OF MIRAGE CONDOMINIUMS XXXV (35), CASE NUMBER S94-10. AGENDA ITEM#11.-CONSIDERATION OF RENEWING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARICOPA COUNTY LIBRARY DISTRICT AND THE TOWN OF FOUNTAIN HILLS FOR FULL PUBLIC LIBRARY SERVICES. Councilman Clark MOVED approval of the consent agenda as read and Councilwoman Tibbetts SECONDED. A roll call vote was taken with the results as follows: Mayor Cutillo aye Councilman Lawrence aye Councilwoman Wiggishoff aye Councilwoman Tibbetts aye Councilman Clark aye Vice Mayor Hudson aye Councilman O'Brien aye The motion CARRIED unanimously. AGENDA ITEM #10. - CONSIDERATION OF THE CHAMBER OF COMMERCE SPECIAL EVENT REQUEST FOR THE JULY 4TH FIREWORKS DISPLAY IN FOUNTAIN PARK ON JULY 4, 1994, 6:00 P.M. TO 11:00 P.M. THE EVENT WILL REQUIRE THE CLOSURE OF SAGUARO BLVD. AT PALISADES,AVENUE OF THE FOUNTAINS AND PARKVIEW; AND PANORAMA FROM SAGUARO AND EL LAGO (EXCEPT TO LOCAL TRAFFIC). Vice Mayor Hudson said he requested the item be removed in order for the Council to make sure that insurance was properly provided for, since the insurance coverage the Town carried specifically excluded fireworks. He said in previous years, the Town had been named in Certificates of Insurance carrying the required $1,000,000 limit, but the insurance also had an aggregate limit. He said that in a previous year,an Arizona town had attempted to make a claim against the insurance carrier but found out that the limits had been used up due to claims by other towns on the same day by the same operator. Vice Mayor Hudson MOVED to approve the request provided the Town received a Certificate of Insurance of appropriate standards in the amount of$1,000,000 naming the Town as insured without an aggregate limit. Councilman Clark SECONDED the motion which CARRIED unanimously. Minutes of the Regular Session of the Town Council 06/02/94 Page 2 of 9 , AGENDA ITEM #12. - INTRODUCTION OF PARKS AND RECREATION DEPARTMENT SUMMER INTERN, ALEX BURHANS. Lev Mr. Nordin introduced Alex Burhans, who gave a brief introduction of himself. AGENDA ITEM #13. - RECOGNITION OF COUNCILMAN HUDSON'S CONTRIBUTION TO THE POLICE CHIEF'S ASSOCIATION. Town Marshal Steve Gendler said he had attended the Arizona Police Chief's Association Meeting on May 20, 1994. He said that at that meeting, the executive director of the association had lavishly praised Vice Mayor Hudson, specifically for his leadership role in the Risk Reduction Pool and for sponsoring classes for the police chiefs statewide. Marshal Gendler said he felt that Vice Mayor Hudson's professional reputation reflected very well on the town and he wanted the Council to be aware of that. Vice Mayor Hudson said that as president of the board of the Risk Retention Pool, he had made it a practice to attend all of the committee meetings but the work was mainly done by committees. He said at a recent Loss Control Committee meetings it had been decided to donate money and help to the Police Chiefs Association. He said that claims relative to police work in the 58 towns insured by the Pool came mainly from four critical issues: 1)use of force;2)vehicle pursuits;3)search and seizures;and 4)domestic violence,which most of the claims stemmed from. The Pool was attempting,in conformance with Arizona statutes and procedures,to arrange a sample policy that dealt with the above four issues and could be adopted by each town. After a policy was provided,a system of training would need to be provided. AGENDA ITEM#14. - CONSIDERATION OF ORDINANCE 94-09,AMENDING THE TOWN CODE BY PROHIBITING MAILBOXES FROM OBSTRUCTING UTILITY IMPROVEMENTS. Mr. Nordin said that as a result of a regularly-scheduled meeting held with staff and SRP, staff proposed an amendment to the Town Code relative to mail boxes that were placed in the utility easements. Mr. Harrel said the change was relatively minor and simply allowed the Town Engineer to order removal of potentially harmful or obstructive mailboxes. Mayor Cutillo wondered whether the change could affect liability if the Town failed to spot a potentially harmful mailbox. Mr.Farrell answered that any liability was fixed by allowing mailboxes to occupy the public right of way and the change would not place any new mailboxes into the right of way. The change would simply allow the Town to notify a resident if their mailbox was placed directly between the public road and a permanent fixture or accessory requiring access by the utility company and request the mailbox be relocated, in most cases no more than three to five feet. Mayor Cutillo MOVED to accept Ordinance 94-09 as written and Vice Mayor Hudson SECONDED the motion. The motion CARRIED unanimously. Mayor Cutillo called a recess to the regularly scheduled meeting at 6:50 p.m. and declared a public hearing open. AGENDA ITEM#15.-PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON AN APPLICATION SUBMITTED BY EAGLE MOUNTAIN LLC TO AMEND THE FOUNTAIN HILLS GENERAL PLAN AND TO AMEND THE OFFICIAL ZONING DISTRICTS MAP OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS. THE AREA UNDER CONSIDERATION IS LOCATED IN SECTION 28 AND 29, TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, Loy Minutes of the Regular Session of the Town Council 06/02/94 Page 3 of 9 MARICOPA COUNTY, ARIZONA. EAGLE MOUNTAIN LLC DESIRES TO AMEND THE GENERAL PLAN BY ENLARGING THAT PARCEL LOCATED IN SOUTHWEST PORTION OF SECTION 29 THAT IS DESIGNATED "SINGLE-FAMILY/LOW" AND IS ZONED "R1-8A", FROM 16.6 ACRES TO 26.8 ACRES; REDUCING THAT PARCEL OF LAND ALONG THE WESTERN PORTION OF SECTION 29 THAT IS DESIGNATED "SINGLE-FAMILY/LOW" AND ZONED "R1-10A" FROM 35.7 ACRES TO 33.7 ACRES; REDUCING THAT PARCEL LOCATED WEST OF SUMMER HILL ROAD IN THE SOUTHWEST CENTRAL PORTION OF SECTION 29 THAT IS DESIGNATED "MULTI- FAMILY/MEDIUM" AND IS ZONED "R-4" FROM 9.4 ACRES TO 7.6 ACRES; INCREASING THAT PARCEL LOCATED ON THE SOUTHEASTERN PORTION OF SECTION 29 AND THE SOUTHWESTERN PORTION OF SECTION 28,THAT IS DESIGNATED ON THE GENERAL PLAN AS "SINGLE-FAMILY/LOW" AND IS ZONED"R1-10A" FROM 24.4 ACRES TO 26.3 ACRES. THE TOTAL AREA AROUND THESE PARCELS THAT IS DESIGNATED "GOLF COURSE" ON THE GENERAL PLAN AND IS ZONED "OPEN SPACE RECREATIONAL" IS BEING PROPOSED TO BE REDUCED FROM 39.4 ACRES TO 32.7 ACRES. THE AREA UNDER CONSIDERATION IS LOCATED SOUTH OF SHEA BOULEVARD NORTH OF THE SALT RIVER PIMA MARICOPA INDIAN RESERVATION,AND EAST OF THE CITY OF SCOTTSDALE. THE AREA IS A PORTION OF THE 497 ACRE PROPOSED DEVELOPMENT PREVIOUSLY KNOWN AS LOS ALTOS HILLS AND IS NOW TO BE NAMED EAGLE MOUNTAIN. Mr. Mark Voight,Eagle Mountain Properties, said they were in concurrence with staff's recommendation and with the Planning &Zoning Commission recommendation. He said the proposed amendments would lessen grading on several parcels at higher elevations,would improve the golf course play in the overall configuration as it related to the reservation and wash areas, and would increase density. Mayor Cutillo declared the public hearing closed and reconvened the regularly scheduled town council meeting at 6:53 p.m. AGENDA ITEM #16. - CONSIDERATION OF RESOLUTION 1994-25, AMENDING THE FOUNTAIN HILLS GENERAL PLAN BY AMENDING THE FUTURE LAND USE PLAN TO DESIGNATE THE CHANGES PROPOSED BY EAGLE MOUNTAIN LLC IN SECTIONS 28 AND 29,TOWNSHIP 3 NORTH, RANGE 6 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA. Vice Mayor Hudson MOVED to approve Resolution 1994-25 and Councilwoman Tibbetts SECONDED the motion. Councilman Clark said he realized the plans for the area had been approved some time ago but since the plans required no park to be provided,he wondered,if it wasn't too late,whether that issue could be revisited. Mr.Nordin said he would convey that wish to the developer and see if it could be explored further. Mr. Voight said that of the 500 acres,almost half was being maintained as open space and/or golf course. He said he would like to know what type of park would be desired and that it could certainly be considered. Council directed staff to explore the possibility of a park area being added to the development plans. The motion CARRIED unanimously. AGENDA ITEM#17.-CONSIDERATION OF ORDINANCE 94-10,AMENDING THE OFFICIAL ZONING DISTRICTS MAP IN SECTIONS 28 AND 29,TOWNSHIP 3 NORTH,RANGE 6 EAST, GILA AND SALT RIVER BASE MERIDIAN,TO REFLECT THE FOUNTAIN HILLS GENERAL PLAN FUTURE LAND USE PLAN. Minutes of the Regular Session of the Town Council 06/02/94 Page 4 of 9, Councilwoman Tibbetts MOVED adoption of Ordinance 94-10, amending the official zoning districts map. Councilman Lawrence SECONDED the motion which PASSED unanimously. Mayor Cutillo called a recess to the regularly scheduled council meeting at 6:59 p.m. and declared a public hearing open. AGENDA ITEM#18. - PUBLIC HEARING ON A SPECIAL USE PERMIT APPLICATION TO ALLOW FOR A 126 BED NURSING HOME ON LOT 8,BLOCK 1,PLAT 207,LOCATED ON THE SOUTHWEST CORNER OF EL LAGO BOULEVARD AND VERDE RIVER DRIVE; CASE#SU94-05. Mr. Manuel Ursu spoke in favor of the project, relating the benefits, alternatives and the cost to the community. He said the number one benefit to the community would be economic. The second benefit would be the need for the project since there was no other care facility available in Fountain Hills and people requiring care had to go out of town to receive help. He said what was being proposed was a 30-foot high skilled nursing facility with 126 beds and there would be no cost to be community. An alternative would be a 39-unit apartment complex that could be up to 40-feet tall. Mr. Ursu read a few excerpts from a letter from Mr. Donald Andrews, an architect, which addressed possible concerns. The first concern Mr.Andrews addressed regarded view preservation,which he said shouldn't be an issue. The next concern addressed was that the project might be turned into a hospital,a drug rehab center,or something other than a skilled nursing center. Mr. Ursu said the Department of Health Services would not permit that to happen,zoning would not allow it, and they,as developer/owner, had no intention of doing that. Vice Mayor Hudson asked Mr.Ursu how the project might be financed,whether it would be private or public. Mr. Ursu said there were a few finance options they were considering. He said there was H.U.D. financing available and a local bank was also interested in financing the project. He said they also hoped to use as many local businesses as possible in developing and constructing the project. Vice Mayor Hudson next asked what experience klior they had in such an enterprise. Mr.Ursu said his father had operated a care facility and provided direct care to the elderly for the last four years. He said there were strict state requirements and also many federal requirements that would regulate their facility. Councilman O'Brien asked Mr.Ursu what had led to the change from the original request for a 64-bed facility. Mr. Ursu answered that with the original request for 64 beds had been the option to go in later and expand to a 126-bed facility. He said that studies had shown that the need for care would be on the increase and it would make more sense to cover that need initially rather than return in a couple of years and tear up the facility to add a second story and more rooms. He said it was planned to finish off the first floor with 64 beds and the administrative areas on the second floor and then seal off the rest of the second floor until the downstairs was filled to capacity. To construct that way would make more sense and create less of an overall construction nuisance in the neighborhood. He said it wouldn't be less expensive for them,though,since it would create non-performing assets due to the unused spaces being sealed off,but it was felt that they could see the project through. Councilman O'Brien then asked what would be the minimal facility size required to make the project successful. Mr.Ursu answered that at the 64-bed cutoff,70%occupancy would be required to break even and that would not satisfy their creditors. He said a 120-bed facility is what was anticipated to make the project work. Vice Mayor Hudson asked Mr. Ursu if the building would contain sprinklers. Mr. Ursu answered that it would be constructed of 100%non-combustible materials,have fire sprinklers,and have 360-degree access around the building, as required by the fire department. Mr. Brice Hansen, Planning & Zoning Commission, said he favored the project. He said it would generate less traffic than a comparable apartment building and would do a lot for Fountain Hills that people say they would like to see happen. It would generate local employment and it would generate a business tax base. Nor Minutes of the Regular Session of the Town Council 06/02/94 Page 5 of 9, Mr. Bill Shine said he lived in the area,was opposed to it,and requested the council to go along with the decision recommended by the Planning &Zoning Commission. He said he was concerned about building placement,noise and traffic generation,and what he felt was a lack of adequate parking. He said he had been in total agreement with the 64-bed request, but the additional beds, he felt, were going to cause additional noise and traffic and would be comparable to a hotel. Mr. Peter Putterman said he lived on El Lago and favored the project. He thought it was a wonderful project and would help address the desire for health care facilities in the community. He said it would be nice to have a local care facility should the need ever arise in his own family. He said he didn't feel the traffic, patron or employee, could in any way be likened to a hotel and would, in all likelihood,be hardly noticeable on El Lago, Ms. Constance Boetig said the proposed facility would be the size of a small hospital and there would be a lot of associated traffic. She said nursing home facilities were able to circumvent the usual nurse and supervisor quotas and she didn't feel, despite what Mr. Ursu claimed were strict state requirements, that there would be nearly the required number of registered nurses and administrators. She also said she felt the majority,if not all,of the patients would not be residents and that there were locations better suited for the project. Ms. Mary Perrone said she questioned the amount of planning involved in the project and wondered why it had become a 126-bed facility. She said she was definitely opposed. She asked whether the administrator of the project's credentials and/or licenses would be checked out before approval was given since she said she had never been able to get a straight answer herself from Mr. Ursu. Mrs. Jean Shine, also a neighbor to the project, said the Town had a lot of undeveloped commercial areas and wondered why the project could not be located in one of those areas. She said she thought a nursing home would be wonderful, but not in a residential area. Ms. Jo Ann Etzler said the smaller plan was fine, but the location was not right for the larger plan. There would be too much delivery, employee and visitor traffic. She worried what would happen when the larger facility was built and the extra spaces could not be filled. Mayor Cutillo declared the public hearing closed and reconvened the regularly scheduled council meeting at 7:21 p.m. AGENDA ITEM #19. - CONSIDERATION OF A SPECIAL USE PERMIT APPLICATION TO ALLOW FOR A 126 BED NURSING HOME ON LOT 8,BLOCK 1,PLAT 207,LOCATED ON THE SOUTHWEST CORNER OF EL LAGO BOULEVARD AND VERDE RIVER DRIVE; CASE#SU94-05. Vice Mayor Hudson requested that staff explain the basis for their recommendation. Mr. Jeppson said staff had gone through the Trip Generation Manual put out by the Institute of Transportation Engineers and found that on the average, an apartment unit generated 6.6 trips in per day and a nursing facility generated 2.6 trips in per bed. Staff took the site size (78,778 sq. ft.) and figured 39 apartment units to be permissible and multiplied that by 6.6 and divided that by 2.6 arrived at the figure 100, which was staff recommendation for the maximum number of beds for a facility on that site. Councilman Clark said the issue to be resolved was the number of units to be permitted. He said he thought the logic staff had used was certainly valid and he asked Mr. Ursu if the project would still be feasible if they were required to comply with staff recommendation. Mr.Ursu responded that they would really prefer a 120-bed facility. Mr.Jeppson's figures were all based on averages and he didn't know if the trip generation would be affected much by removing 20 beds. He again said 120 beds would be preferred but if,based on the trip generation rationale,only 100 beds were allowed, they would have to accept that decision. Councilman Clark asked for clarification on the Minutes of the Regular Session of the Town Council 06/02/94 Page 6of9 , actual number of beds requested since several times 120 beds were mentioned by Mr.Ursu and the staff report stated 126 beds. Mr. Art Ursu said they had desired to have a room for the doctor to examine his patients if the need Nitsw arose, but the actual count should be 120 beds. Councilman O'Brien suggested the Ursus consider constructing a smaller initial facility that would be designed to be expanded. Councilman Lawrence said his profession as a minister frequently took him to nursing homes, care facilities, and hospitals. He said his experience in visiting care facilities led him to believe there would be no cause for concern in the area of traffic. He said if anything, there was a shortage of traffic, not an excess and parking was never a problem. He said he thought the suggestion of placing the care facility in a commercial area was lacking in compassion and couldn't imagine that anyone suggesting such would appreciate the same for themselves or a family member. He said he would agree with staff recommendation limiting the facility to 100 beds. Councilwoman Wiggishoff said she had attended the P&Z meetings in January when the special use permit was granted, and she felt that by granting the special use permit, the community had accepted the existence in the neighborhood of the things associated with the care facility: ambulances,delivery trucks,etc. She said she felt the issue now was what additional disturbances might be caused by the additional beds requested. She said the facility seemed to be within all the zoning parameters and she had been in favor of the 64-bed facility and now thought the 100-bed facility would be a good deal for the seniors, was good for employment and good for the tax base. Councilman Clark MOVED that the application submitted by Mr.Ursu be approved per staff's recommendation as to the limit of 100 beds and to include the three stipulations. Councilwoman Tibbetts SECONDED the motion. Mr.Bob Thomas,Planning&Zoning Commission,said the motion removed any P&Z objections from consideration. He said he had a concern that the Council might want to consider. He said the applicant had testified that the 64-bed facility did not seem to be economically viable and was now back before the Council to get 126 beds approved. He said the applicant had also said that the second story shell might not be utilized for two to three years and Mr. Thomas was concerned that if the applicant couldn't make a 64-bed, one-story facility feasible, whether a 100-bed �'r facility with an empty second floor would be any more economically feasible. He said there was the concern of economic problems,that the building would not be able to manage financially and two or three years down the road would be a vacant building. Councilman Clark said it wasn't up to the Council or the P&Z Commission to determine financial feasibility--the money lenders would take care of that. Mayor Cutillo said he,too,had a problem with government trying to second guess the success of business ventures. It would not be fair to restrict development because it might not succeed. A question was raised as to what the three stipulations for approval made by staff were. Mayor Cutillo read them: 1)Prior to building permit approval,the applicant must gain approval of and record easement abandonments for the ten-foot public utility and drainage easements currently located at each side of the property line dividing lots 8 with 9 and 10; 2)Prior to building permit approval,the applicant must submit construction plans in compliance with the basic development as shown on the final replat and conceptual site plan and elevations; and 3) The applicant must secure the approval and record the abandonment of the no vehicular access restriction from the direct vehicular access to El Lago Blvd. from the project site. The motion PASSED unanimously. Mayor Cutillo again called a recess to the regularly scheduled council meeting at 7:48 p.m. and declared a public hearing open. AGENDA ITEM#20.-PUBLIC HEARING ON A PROPOSAL TO AMEND THE OFFICIAL ZONING MAP AND TEXT BY DESIGNATING LOTS 1-65, PLAT 513, FROM "R1-35" AND "R1-10" TO "R1-10 PUD", Minutes of the Regular Session of the Town Council 06/02/94 Page 7 of 9 SINGLE FAMILY RESIDENTIAL,AND TO AMEND THE OFFICIAL ZONING MAP BY DESIGNATING TRACTS A, B, C, D AND E, PLAT 513, FROM "R1-35" AND "R1-10" TO "OSR", OPEN SPACE RECREATIONAL, LOCATED WEST OF MONTEZUMA BOULEVARD AND SOUTH OF CHOLULA WASH,IN THE NORTH HEIGHTS AREA. Mr. Jeff Valder said MCO Properties was the applicant for the rezoning, which was approved by the P&Z Commission and the Commission also recommended approval for the corresponding change,which the Council was now to consider. Mr. Valder said there were currently over 100 lots platted in the area, but the preliminary plat would change that so that the total lot yield would be lowered to 65 lots. Additionally,he said,all of the open space tracts proposed that were currently R1-10 were proposed to be changed to OSR. MCO proposed that Tracts A through E be changed from either R1-35 or R1-10 to OSR. The areas where there were streets and individual lots were proposed to be changed from R1-35 and R1-10 to R1-10 PUD to allow for three flag lots. The applicant was also requesting a PUD to cut the setback on a rear lot line that abuts any of the open space tracts inside of from 25 feet to 10 feet. That request was made to preserve numerous rock outcroppings by providing a flexibility allowing a house to be placed on a lot to preserve the outcroppings. Mr. Valder said staff recommended approval. Mr. Ray Baldwin, MCO Properties, said that in the previous five phases of North Heights, MCO had deeded the open space tracts to the homeowners association. He said it was MCO's intent, for Tract E, to retain ownership. The tract was the beginning of the McDowell Mountains and MCO wished to keep the property so that the entire mountain property would remain as a single ownership. Mayor Cutillo declared the public hearing closed and reopened the regularly scheduled Council meeting at 7:55 p.m. AGENDA ITEM 21. - CONSIDERATION OF ORDINANCE 94-11, AMENDING THE TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA; AND PURSUANT TO CHAFFER 2,SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, BY AMENDING THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS BY DESIGNATING LOTS 1-65,PLAT 513,FROM"R1-35"AND"R1-10"TO"R1-10 PUD",SINGLE FAMILY RESIDENTIAL,AND TO AMEND THE OFFICIAL ZONING MAP BY DESIGNATING TRACTS A,B,C, D AND E, PLAT 513, FROM "R1-35" AND "R1-10" TO "OSR", OPEN SPACE RECREATIONAL, LOCATED WEST OF MONTEZUMA BOULEVARD AND SOUTH OF CHOLULA WASH, IN THE NORTH HEIGHTS AREA. Vice Mayor Hudson MOVED approval and Councilwoman Tibbetts SECONDED the motion. The motion PASSED unanimously. AGENDA ITEM#22.-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#23. - ADJOURNMENT. Councilman Lawrence MOVED to adjourn; Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. The Town Council adjourned at approximately 8:00 p.m. Minutes of the Regular Session of the Town Council 06/02/94 Page 8 of 9. TOWN OF FOUNTAIN HILLS By: tillo, Mayor ATTEST: 0, )_ALLALL__ . Cassie B. Hansen, Town Clerk PREPARED BY: -7-,-, ve Assistant ha Rosalynn ucker, Adminis 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 2nd day of June, 1994. I further certify that the meeting was duly called and that a quorum was present. DATED this 16th day of June, 1994. (lbw 0/1,42; )3 . 11,1,4-c„) Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 06/02/94 fir•► Page 9 of 9