HomeMy WebLinkAbout1994.1103.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
NOVEMBER 3, 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, November 3, 1994, in the Fountain Hills Town Hall Council Chambers, located at 16836 E.
Palisades Blvd., Building C, Fountain Hills, Arizona. Because a large number of citizens were expected to be in
attendance at this meeting,Mayor Cutillo announced that the meeting was being reconvened to the Lecture Hall on
the grounds of Fountain Hills Jr/Sr High School, 16000 E. Palisades Blvd.,Fountain Hills, Arizona. The meeting
reconvened at this location at 6:50 P.M.
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 Cudllo, Vice
Mayor Wally Hudson and Councilmembers Don Lawrence,Peg Tibbetts,Frank Clark,Bill O'Brien and Marianne
Wiggishoff. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell,Town Clerk Cassie Hansen,
Town Engineer Randy Harrel, Director of Community Development Gary Jeppson and Planners Jeff Valder and
Loras Rauch.
Mayor Cutillo announced that Agenda Items #5 and #24 were being removed from the Consent agenda for
clarification.
Mayor Cutillo read the Consent Agenda which included the following items:
AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF
OCTOBER 5TH AND 6TH, 1994.
AGENDA ITEM#3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE
CHAMBER OF COMMERCE FOR THE 20TH ANNUAL FOUNTAIN FESTIVAL OF ARTS AND CRAFTS.
THE EVENT IS SCHEDULED FOR FRIDAY THRU SUNDAY, NOVEMBER 11TH, 12TH AND 13TH,
FROM 10:00 A.M. TO 5:00 P.M. EACH DAY. THE CHAMBER IS REQUESTING THE CLOSURE OF
THE AVENUE OF THE FOUNTAINS AS WELL AS THE PORTION OF SAGUARO BETWEEN
STEWART VISTA AND PARKVIEW AVENUE FOR THE DURATION OF THE EVENT.
AGENDA ITEM#4 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE
CHAMBER OF COMMERCE FOR THE THANKSGIVING DAY PARADE TO BE HELD ON NOVEMBER
24, 1994 FROM 7:00 A.M. TO 11:00 A.M.
AGENDA ITEM#6 - CONSIDERATION OF RESOLUTION 1994-49,APPROVING TRANSPORTATION
PROJECTS FROM AN APPROVED REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR
WHICH AIR QUALITY CONFORMITY HAS BEEN DETERMINED.
AGENDA ITEM#7 - CONSIDERATION OF RESOLUTION 1994-50, SUPPORTING AN APPLICATION
FOR A GRANT FROM THE ARIZONA GAME AND FISH HERITAGE GRANT FUND TO CONDUCT
A WILDLIFE HABITAT STUDY IN FOUNTAIN HILLS.
AGENDA ITEM #8 - CONSIDERATION OF APPROVING THE GRANT AGREEMENT WITH THE
ARIZONA STATE LAND DEPARTMENT IN THE AMOUNT OF $9,300 FOR TREES AT GOLDEN
EAGLE PARK.
Minutes of the Regular Session of the Town Council 11/03/94
Page 1 of 18
AGENDA ITEM #9 - CONSIDERATION OF APPROVING THE GRANT AGREEMENT WITH THE
ARIZONA STATE LAND DEPARTMENT IN THE AMOUNT OF$10,000 FOR TREES IN THE MEDIANS.
AGENDA ITEM #10 - CONSIDERATION OF RESOLUTION 1994-51, ABANDONING WHATEVER *I)
RIGHT, TITLE OR INTEREST THE TOWN HAS IN: THAT CERTAIN TEN-FOOT PUBLIC UTILITY
EASEMENT AFFECTING ALONG THE WESTERLY LOT LINE; THAT CERTAIN TWENTY-FOOT
PUBLIC UTILITY EASEMENT AND A PORTION OF THAT CERTAIN TWENTY-FOOT DRAINAGE
EASEMENT AFFECTING ALONG THE NORTHERN LOT LINE OF LOT 62,BLOCK 2, OF PLAT 428,
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS, PAGE 19, RECORDS OF
MARICOPA COUNTY, ARIZONA.
AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 1994-52, ABANDONING WHATEVER
RIGHT, TITLE OR INTEREST THE TOWN HAS IN THAT CERTAIN TEN-FOOT PUBLIC UTILITY
AND DRAINAGE EASEMENT AFFECTING ALONG THE NORTHERN LOT LINE, EXCEPTING THE
EASTERLY FIVE FEET, OF LOT 4, BLOCK 2, OF PLAT 102, FOUNTAIN HILLS, ARIZONA, AS
RECORDED IN BOOK 142 OF MAPS, PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA.
AGENDA ITEM #12 - CONSIDERATION OF RESOLUTION 1994-53, ABANDONING WHATEVER
RIGHT, TITLE OR INTEREST THE TOWN HAS IN THAT CERTAIN TWENTY-FOOT PUBLIC
UTILITY AND DRAINAGE EASEMENT AFFECTING ALONG THE NORTHERN(REAR)LOT LINE OF
LOT 3, BLOCK 2, OF PLAT 401B, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF
MAPS, PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA.
AGENDA ITEM#13 - CONSIDERATION OF THE FINAL REPLAT OF LOT 4, BLOCK 7, FOUNTAIN
HILLS FINAL PLAT NO.403-B, LOCATED ON THE NORTHWESTERN CORNER OF TREVINO AND
NELSON DRIVES,TO SPLIT THE LOT INTO TWO LOTS,LOTS 4A AND 4B,CASE NUMBER S94-78.
AGENDA ITEM #14 - CONSIDERATION OF THE FINAL REPLAT OF LOTS 5 AND 6, BLOCK 1,
FOUNTAIN HILLS FINAL PLAT NO.102,LOCATED ON THE NORTHWEST SIDE OF WESTBY DRIVE,
NORTH OF PALISADES BOULEVARD,TO REPLAT THE TWO LOTS INTO THREE LOTS,LOTS 5A, 40)
5B AND 6A, CASE NUMBER S94-79.
AGENDA ITEM#15 - CONSIDERATION OF THE FINAL REPLAT OF LOT 3, BLOCK 4, FOUNTAIN
HILLS FINAL PLAT NO.102,LOCATED ON THE EAST SIDE OF CAMBRIA DRIVE,NORTHEAST OF
THE INTERSECTION OF CAMBRIA AND ALMONT DRIVES,TO SPLIT THE LOT INTO TWO LOTS,
LOTS 3A AND 3B, CASE NUMBER S94-80.
AGENDA ITEM#16 - CONSIDERATION OF THE FINAL REPLAT OF LOT 8, BLOCK 3, FOUNTAIN
HILLS FINAL PLAT NO. 102, LOCATED ON THE NORTHWEST CORNER OF CAMBRIA AND LA
MONTANA DRIVES,TO SPLIT THE LOT INTO TWO LOTS,LOTS 8A AND 8B,CASE NUMBER S94-82.
AGENDA ITEM#17 - CONSIDERATION OF THE FINAL REPLAT OF LOT 20, BLOCK 8, FOUNTAIN
HILLS FINAL PLAT NO. 604-C, LOCATED ON THE NORTHWEST CORNER OF OCOTILLO AND
PALOMINO DRIVES,TO SPLIT THE LOT INTO TWO LOTS,LOTS 20A AND 20B,CASE NUMBER S94
91.
AGENDA ITEM#18- CONSIDERATION OF THE FINAL REPLAT OF LOT 11,BLOCK 14,FOUNTAIN
HILLS FINAL PLAT NO. 104, LOCATED ON THE SOUTHEASTERLY CORNER OF SHERWOOD
DRIVE AND SAGUARO BOULEVARD, TO SPLIT THE LOT INTO TWO LOTS, LOTS 11A AND 11B,
CASE NUMBER S94-92.
AGENDA ITEM #19 - CONSIDERATION OF A FINAL PLAT FOR A PROPOSED FOUR-UNIT
Minutes of the Regular Session of the Town Council 11/03/94
Page 2 of 18
CONDOMINIUM PROJECT CALLED "NORTHSTAR CONDOMINIUMS 1", LOCATED AT 13600
CAMBRIA DRIVE,AKA LOT 8A,BLOCK 3,FOUNTAIN HILLS FINAL PLAT NO.102,CASE NUMBER
Le S94-81.
AGENDA ITEM #20 - CONSIDERATION OF A FINAL PLAT FOR A PROPOSED FOUR-UNIT
CONDOMINIUM PROJECT CALLED "NORTHSTAR CONDOMINIUMS 2", LOCATED AT 13602
CAMBRIA DRIVE,AKA LOT 8B,BLOCK 3,FOUNTAIN HILLS FINAL PLAT NO. 102,CASE NUMBER
S94-83.
AGENDA ITEM#21-CONSIDERATION OF RESOLUTION 1994-55,ACCEPTING THE RIGHT-OF-WAY
FOR EL LAGO BOULEVARD FROM MOUNTAINSIDE DRIVE TO FOUNTAIN HILLS BOULEVARD.
AGENDA ITEM#22-CONSIDERATION OF THE FINAL PLATS FOR MIRAGE CONDOMINIUMS LXIX
(69),LXX (70),LXXII(72),LXXIII(73),LXXIV (74),LXXV(75)AND LXXVI(76),CASE NUMBERS S94-
84 TO S94-90.
AGENDA ITEM#23 - CONSIDERATION OF THE FINAL PLAT FOR THE PLAT 515 SUBDIVISION,A
SEVENTEEN LOT,16.3-ACRE SUBDIVISION,LOCATED IMMEDIATELY SOUTH OF GOLDEN EAGLE
BOULEVARD,WEST OF SUNRIDGE(MONTEZUMA)DRIVE AND NORTH OF BRISTOL WASH,CASE
NUMBER S94-27.
Vice Mayor Hudson referred to Agenda Item#23 and asked if stipulations were included with the Final Plat. Mr.
Jeppson assured the Council the stipulations would be met before the Final Plat was recorded.
Vice Mayor Hudson MOVED to approve the Consent Agenda as read. Councilwoman Tibbetts SECONDED the
motion.
A roll call vote was taken with the following results:
Councilman O'Brien aye
Vice Mayor Hudson aye
Councilman Clark aye
Councilwoman Wiggishoff aye
Councilwoman Tibbetts aye
Councilman Lawrence aye
Mayor Cutillo aye
The motion CARRIED unanimously.
AGENDA ITEM #5 - CONSIDERATION OF ORDINANCE 94-26, AMENDING THE TOWN CODE
PURSUANT TO TOWN CODE CHAPTER 9 PARKS AND RECREATION, ARTICLE 9-1 PARKS AND
RECREATION DEPARTMENT, SECTION 9-1-3 POWERS AND DUTIES OF THE DIRECTOR
PRESCRIBING RULES AND REGULATIONS FOR THE CONDUCT OF PERSONS IN GOLDEN EAGLE
PARK AND DECLARING A PENALTY PROVISION FOR THE VIOLATION OF SAID RULES.
Councilman Lawrence MOVED to approve Ordinance 94-26 as presented and asked the staff to provide guidelines
regarding alcohol consumption at Golden Eagle Park as a future supplement to this ordinance. The motion was
SECONDED by Councilwoman Wiggishoff and CARRIED unanimously.
Minutes of the Regular Session of the Town Council 11/03/94
Page 3 of 18
AGENDA ITEM#24 - CONSIDERATION OF APPOINTING A FOUNTAIN HILLS REPRESENTATIVE
TO THE MAG REGIONAL TRANSPORTATION COMMITTEE.
Town Manager Paul Nordin presented the name of Mary Pilarinos for approval as the Fountain Hills representative *1111)
to the MAG Regional Transportation Committee. Mayor Cutillo MOVED to approve Mary Pilarinos as the
representative for Fountain Hills. Councilman Clark SECONDED the motion which CARRIED unanimously.
AGENDA ITEM#25 - PRESENTATION OF PLAQUES OF APPRECIATION TO FORMER PLANNING
AND ZONING COMMISSIONERS, SAM CIOFFI AND JIM FONK.
Mayor Cutillo read the inscription on the plaques honoring Sam Cioffi and Jim Fonk for their service as P&Z
Commissioners. Karen Myers accepted the plaque for Jim Fonk. Mr. Cioffi was not in attendance.
AGENDA ITEM#26 - PRESENTATION OF THE ANNUAL TOWN AUDIT BY CRAIG TRBOVICH.
The presentation of the annual town audit was postponed until the next Regular Session of the Town Council on
November 17, 1994.
AGENDA ITEM #27 - CONSIDERATION OF APPOINTING A FOUR MEMBER INVESTMENT
COMMITTEE CONSISTING OF TWO COUNCIL MEMBERS,THE TOWN MANAGER AND THE TOWN
ACCOUNTANT. THE COMMITTEE WOULD EXAMINE/RE-EVALUATE CURRENT AND FUTURE
INVESTMENT VEHICLES FOR IDLE TOWN FUNDS.
Vice Mayor Hudson MOVED to appoint Councilwoman Wiggishoff and Vice Mayor Hudson as Council Members
to serve on the Investment Committee with Town Manager Paul Nordin and Town Accountant Julie Ghetti. The
motion was SECONDED by Councilman Clark and unanimously CARRIED.
AGENDA ITEM #28 - CONSIDERATION OF ORDINANCE 94-27, AMENDING THE TOWN CODE
CHAPTER 10, HEALTH AND SANITATION, SECTION 10-2-2, PUBLIC NUISANCES DEFINED BY
ADDING A NEW PARAGRAPH P. REGARDING FRONT YARD STORAGE OF CONSTRUCTION
EQUIPMENT AND MATERIAL.
Town Attorney Farrell informed the Council the purpose of this ordinance was to regulate storage of construction
materials and equipment at residences in a garage or the side yard behind some form of acceptable screening. If
building or remodeling was being conducted, this ordinance would not apply. He stated that a first-time violation
was a petty offense and subsequent infractions would constitute a misdemeanor.
Councilwoman Wiggishoff stated that numerous locations throughout the Town had construction materials and
equipment stored on front lawns and side yards for extended lengths of time. She said the ordinance would allow
the Marshal's Department enforcement capabilities when complaints were filed.
Councilman Lawrence asked if a violation would occur if a pickup truck parked in a driveway had construction
equipment in the rear of the truck. Attorney Farrell said equipment in the back of a truck would not be applicable.
He said the intent of this ordinance was to regulate vehicles with axles or freestanding vehicles capable of being
Minutes of the Regular Session of the Town Council 11/03/94
Page 4 of 18
towed. Councilman Lawrence favored a long term regulation for storage of construction materials and equipment
but said short term restrictions would be harder to regulate. Attorney Farrell stated that this ordinance would be
Coe enforced when complaints were received and not by routine surveillance of officers.
Councilman Clark said that the storage of construction equipment should be the same as the storage of recreational
vehicles which are allowed to be stored in side yards in alignment with residences and concealed.
Mayor Cutillo said there was presently an ordinance which allowed RV's,boats and trailers to park on the street for
a maximum of 48 hours. With the adoption of this ordinance he felt residents would be encouraged to move
construction equipment from their driveways and park them in the street. He encouraged neighborhoods to apply
for membership in the NPOA as a method of establishing regulations for the storage of equipment and construction
materials rather than involve the Marshal's Department.
Councilwoman Wiggishoff stated that a draft copy of this ordinance was given to the Contractor's Association for
their input.
Marshal Gendler stated there is an existing ordinance which governed RV's and commercial vehicles. He stated that
at this time a cement mixer or portable generator situated on an unlicensed vehicle with one axle and parked in the
street was permitted.
Vice Mayor Hudson MOVED to return this ordinance to the Town Manager and Town Attorney for further study
and revisions to be considered by the Council. Councilman O'Brien SECONDED the motion.
Bill Ransom asked about construction materials in a resident's yard during remodeling. This would be an exception
to the ordinance.
Dorothy Simkowski,Ashbrook and Galatea,reported that the vacant lot adjacent to her property was unsightly with
debris. She stated that her neighborhood,mostly occupied by renters,did not belong to the NPOA and asked if her
complaint would be ignored based on that fact.
Jim Sercue and Jim Bercel spoke in opposition to this ordinance and urged cooperation between the Contractors'
Association.
The motion CARRIED unanimously.
AGENDA ITEM#29 - PUBLIC HEARING TO RECEIVE TESTIMONY ON AN APPLICATION FROM
JOHN COLMAN, CHAMPION FITNESS CENTER, TO AMEND CHAPTER 10 SINGLE FAMILY
RESIDENTIAL ZONING DISTRICTS: R-190,R1-43,R1-35, R1-35H,R1-18, R1-10,R1-10A,R1-8,R1-8A,
R1-6,AND R1-6A OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO PERMIT
PHYSICAL FITNESS FACILITIES IN R-190, R1-43, R1-35 AND R1-35H ZONING DISTRICTS BY
SPECIAL USE PERMIT, CASE NUMBER Z94-32.
Mayor Cutillo called a recess to the Regular Session of the Town Council and declared the Public Hearing open at
7:32 P.M.
Mr.Jeppson explained that the amendment would permit physical fitness facilities in residential districts, which is
not a current permitted use. If the Zoning Ordinance was amended,applicants would need to go through the special
use application process. Staff stipulations included a maximum of 12 persons per residence, no guest vehicles,no
lighted outdoor recreational facilities,no residents for less than 5 days nor more than 30 days,traffic not to exceed
10 trip-ins per day during normal operations, no visible recreational facilities, and no accessory building over 120
Minutes of the Regular Session of the Town Council 11/03/94
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square feet in size.
Both Mayor Cutillo and Councilwoman Wiggishoff reiterated that in the event this amendment was adopted,approval
of Mr. Colman's proposed facility was not guaranteed.
John Colman stated he believed his proposal would be a unique first-class facility catering to physical fitness needs
of its patrons. He said the use of the property in question would not affect others adjacent to his location.
Phyllis Kern,the real estate broker involved in the sale of this property,told the Council that this property backed
up to State park lands and was 2 acres in size. She thought the caliber of this project would be good for the
community and the Town of Fountain Hills.
Bill McGivern pointed out that since cut and fill waivers were granted prior to P&Z approval of projects,approval
of a text amendment would not preclude approval of a special use. He asked if the applicant should petition for a
zoning change rather than changing the Zoning Ordinance text.
Jim Morgan, who owns property in the neighborhood of Mr. Colman's proposed location, objected to a physical
fitness facility in a single family district. He felt the quality of life would be decreased by the issuance of a special
use permit. Also,he felt the operation of such a facility would lessen property values and was concerned about the
volume of traffic generated by this project. Mayor Cutillo again stated that the matter being considered was a zoning
text amendment not an application for a special use.
Jim Sercue stated he thought the Town might incur expensive legal problems if a facility's special use permit was
revoked.
Karen Myers, member of the Planning & Zoning Commission, said she had received calls from residents and was
opposed to changing the Zoning Ordinance text.
Margaret Gelinas, also a member of the Planning & Zoning Commission, felt a physical fitness facility was an
inappropriate use for a single family residential district.
Steve Dunning was also opposed to a physical fitness facility in a single family district. He also felt it would put
a hardship on residents who intended to sell their homes.
AGENDA ITEM#30 - CONSIDERATION OF ORDINANCE 94-28, AMENDING CHAPTER 10 SINGLE
FAMILY RESIDENTIAL ZONING DISTRICTS: R-190,R1-43,R1-35,R1-35H,RI-18,R1-10,R1-10A,R1-8,
RI-8A, R1-6, AND R1-6A OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO
PERMIT PHYSICAL FITNESS FACILITIES IN R-190, R1-43,R1-35 AND R1-35H ZONING DISTRICTS
BY SPECIAL USE PERMIT, CASE NUMBER Z94-32.
Mayor Cutillo declared the public hearing closed and reconvened the Regular Session of the Town Council at 8:07
P.M.
Vice Mayor Hudson asked Attorney Farrell if the approval of a special use permit would set a precedent in the
consideration of an additional request. Mr. Farrell answered that a precedent could be considered as an item of
evidence but that each application would be different in conditions, locations and typography. If a determination
was made to deny a request and was challengened in court,the Council must have definite rationale for their denial.
Vice Mayor Hudson MOVED to approve Ordinance 94-28 as presented. Failure to receive a second to the motion,
the motion was dead.
Minutes of the Regular Session of the Town Council 11/03/94
Page 6 of 18
AGENDA ITEM#31 - PUBLIC HEARING TO RECEIVE TESTIMONY ON A PROPOSAL TO REZONE
17.59 ACRES OF LAND,LOCATED IMMEDIATELY SOUTH OF SUNBURST DRIVE,NORTHEAST OF
Loor WINCHESTER DRIVE AND NORTH OF PALOMINO DRIVE, ALSO KNOWN AS LOTS 1 THROUGH
7 OF THE PROPOSED STONERIDGE SOUTH SUBDIVISION,FROM "R1-35" AND "Rl-8" TO "R1-18"
AND FROM "R1-8" TO "R1-35", CASE NUMBER Z94-07.
Mayor Cutillo called a recess to the Regular Session of the Town Council and opened the public hearing at 8:15
P.M.
Jeff Valder described the lots that were to be replatted included 8 larger lots as opposed to ll smaller lots. Lot 1 was
included in the fmal plat as a 12+ acre parcel to be zoned the same as the other 7 lots. Access to Lot 1 would
include the installation of a culvert over the existing wash so that a roadway could be constructed. This was
considered a costly measure and would be absorbed by the purchaser of Lot 1, not MCO Properties.
Greg Bielli, Vice President, MCO Properties,outlined plans for the Stoneridge South Subdivision.
Councilwoman Wiggtshoff was concerned about the preserva0on of rock formatiops which cover nearly 100%of
the front lit'fines t ;or four of the se`ren lots along Sunb rst. grant yard access ese lob as well
building on itiese lots would be very di cult wtthou lest dying the rock outcroppings ;the stated that acc :was
mor easonable>ut undesr ble f in tlae w h area to the rear at tae tots. Nft th staffed that both MCC and the
NPOA would lze involved;with control of architectural reviews.
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Cyril Wiggishoff,Chairman of the NPOA,asked about prior deed restrictions. Mr. Bielli stated that previous deed
restrictions did not have any disclosures of future replatting. Mr. Wiggishoff said he represented 59 contiguous
residents who opposed this development.
Bill Ransom,George Currier,Char Rosenthal,Jim Sercue,Murray Rosenthal,Jim Yates,Bob Pollock,Judy Yates,
Jim Clarkson,M.C.Crandahl and Bruce Balzer spoke in opposition. They were concerned about future requests to
rezone Lot 1 of this parcel and the development of lands thought to be designated as a natural preserve or open space
acreage.
Mr. Bielli offered to record a deed restriction for Lot 1 to prohibit the subdivision of this parcel.
AGENDA ITEM #32 - CONSIDERATION OF ORDINANCE 94-24, APPROVING THE REZONING OF
17.59 ACRES OF LAND,LOCATED IMMEDIATELY SOUTH OF SUNBURST DRIVE,NORTHEAST OF
WINCHESTER DRIVE AND NORTH OF PALOMINO DRIVE, ALSO KNOWN AS LOTS 1 THROUGH
7 OF THE PROPOSED STONERIDGE SOUTH SUBDIVISION,FROM "R1-35" AND"R1-8" TO "R1.18"
AND FROM "R1-8" TO "R1-35", CASE NUMBER Z94-07.
Mayor Cutillo declared the public hearing closed and reconvened the Regular Session of the Town Council at 8:07
P.M.
Councilwoman Wiggishoff said the conversion of ll small lots into 7 larger lots was commendable but that Lot 1 was
out of context with the area.
Mayor Cutillo was concerned about the access to Lot 1. Mr. Bielli explained that access from any other area was
very limited and an alternative access road from any direction such as Palomino Drive or Sunburst Road was not
feasible. Mr.Bielli again offered to assess deed restrictions on Lot 1 to prohibit subdivision of this parcel. Attorney
Farrell advised the Council to refrain from adding a stipulation regarding a deed restriction for Lot 1 with the motion
because legislative actions taken by the existing Council cannot legally bind future actions of another Council.
Minutes of the Regular Session of the Town Council 11/03/94
Page 7 of 18
Vice Mayor Hudson MOVED to adopt Ordinance 94-24 as presented. Councilman Lawrence SECONDED the
motion.
Mr. Bielli added that he would prepare the paperwork regarding the deed restriction on Lot 1 before MCO would
ask the NPOA for membership. Mr. Wiggishoff stated that a hearing by the NPOA would be conducted at a later
date.
Mayor Cutillo MOVED to call for the question which CARRIED unanimously.
The vote was then taken and the motion CARRIED with a 6-1 vote. Councilwoman Wiggishoff voted nay.
AGENDA ITEM #33 - CONSIDERATION OF THE FINAL PLAT FOR THE STONERIDGE SOUTH
SUBDIVISION, AN EIGHT-LOT, 52.75-ACRE SUBDIVISION, LOCATED IMMEDIATELY SOUTH OF
SUNBURST DRIVE, NORTHEAST OF WINCHESTER DRIVE AND NORTH OF PALOMINO DRIVE,
CASE NUMBER S94-29.
Mayor Cutillo MOVED to approve the final plat as presented. Councilman Lawrence SECONDED the motion.
Jim Sercue asked to go on record as being opposed to any subdivision of Lot 8.
The motion CARRIED with a 6-1 vote, Councilwoman Wiggishoff cast the nay vote.
AGENDA ITEM#34- PUBLIC HEARING TO RECEIVE TESTIMONY ON A PROPOSAL TO REZONE
31.14 ACRES OF LAND (TRACTS A, B, C, D AND E OF THE PROPOSED PLAT 513 SUBDIVISION),
FROM"R1-10"AND"R1-35"TO THE OPEN SPACE RECREATIONAL"OSR"ZONING DISTRICT AND
REZONE THE REMAINDER OF THE PROPOSED PLAT 513 SUBDIVISION (APPROXIMATELY 50.28
ACRES) FROM THE "R1-10", "R1-35" AND "R1-43" ZONING DISTRICTS TO A "R1-10 P.U.D."
ZONING DISTRICT. THE AREA UNDER CONSIDERATION IS LOCATED WEST OF SUNRIDGE
(MONTEZUMA)DRIVE,SOUTH OF CHOLULA WASH AND NORTH OF THE PROPOSED SUNRIDGE
CANYON DEVELOPMENT, CASE NUMBER Z94-01.
Town Manager stated he had received a late request from MCO Properties to delay action regarding Agenda Items
#34,#35,#36 and#37.
Mayor Cutillo MOVED to continue the Public Hearing until the next Council meeting on November 17, 1994. Vice
Mayor Hudson SECONDED the motion.
Sharon Hutchison wanted to know why MCO delayed the public hearing and asked for further information regarding
the rezoning of these parcels.
Mr. Bielli said there were several details that still needed to be worked out concerning the widths of two lots and
one lot's access to the open space area. This is a continuation of the North Heights subdivision and this area
presently had 93 lots which would be changed to 65 lots.
The motion CARRIED unanimously.
AGENDA ITEM #35 - CONSIDERATION OF ORDINANCE 94-25, APPROVING A PROPOSAL TO
Minutes of the Regular Session of the Town Council 11/03/94
Page 8 of 18
REZONE 31.14 ACRES OF LAND (TRACTS A, B, C, D AND E OF THE PROPOSED PLAT 513
SUBDIVISION),FROM"R1-10"AND"R1-35"TO THE OPEN SPACE RECREATIONAL"OSR"ZONING
Le DISTRICT AND REZONE THE REMAINDER OF THE PROPOSED PLAT 513 SUBDIVISION
(APPROXIMATELY 50.28 ACRES) FROM THE "R1-10", "R1-35" AND "R1-43" ZONING DISTRICTS
TO A"R1-10 P.U.D." ZONING DISTRICT. THE AREA UNDER CONSIDERATION IS LOCATED WEST
OF SUNRIDGE (MONTEZUMA) DRIVE, SOUTH OF CHOLULA WASH AND NORTH OF THE
PROPOSED SUNRIDGE CANYON DEVELOPMENT, CASE NUMBER Z94-01.
AGENDA ITEM#36-CONSIDERATION OF RESOLUTION 1994-54,PURSUANT TO A.R.S.28-1901 ET.
SEO. ABANDONING TO THE ADJACENT PROPERTY OWNER ALL RIGHT, TITLE OR INTEREST
IN CERTAIN PORTIONS OF PUBLIC RIGHTS-OF-WAY LOCATED WITHIN FOUNTAIN HILLS FINAL
PLAT NUMBER 507-D AS RECORDED IN BOOK 165, PAGE 42 OF THE RECORDS OF THE
MARICOPA COUNTY RECORDER AND WITHIN FOUNTAIN HILLS FINAL PLAT NUMBER 507-E AS
RECORDED IN BOOK 165,PAGE 43 OF THE RECORDS OF THE MARICOPA COUNTY RECORDER
WHICH HAVE BEEN FOUND TO BE NO LONGER NECESSARY FOR PUBLIC USE.
AGENDA ITEM#37- CONSIDERATION OF THE FINAL PLAT FOR THE PLAT 513 SUBDIVISION,A
SIXTY-FIVE LOT, 81.42-ACRE SUBDIVISION, LOCATED WEST OF SUNRIDGE (MONTEZUMA)
DRIVE, SOUTH OF CHOLULA WASH AND NORTH OF THE PROPOSED SUNRIDGE CANYON
DEVELOPMENT, CASE NUMBER S94-01.
Mayor Cutillo MOVED to continue Agenda Items#35,#36 and#37 to the next Council meeting on November 17,
1994. Councilwoman TIBBETTS seconded the motion which CARRIED unanimously.
AGENDA ITEM #38 - CONSIDERATION OF THE FINAL PLAT FOR THE RANCHO MONTANA
SUBDIVISION,A 48-LOT,20.17-ACRE SUBDIVISION,LOCATED SOUTH OF GRANDE BOULEVARD,
EAST OF SAGUARO BOULEVARD,AND NORTH OF LA MONTANA DRIVE, CASE NUMBER S94-58.
�+ Mayor Cutillo MOVED to approve the Final Plat for Rancho Montana Subdivision as presented. Councilman Clark
SECONDED the motion.
Mary Pilarinos asked about cut and fill waivers designated for this project. Mr. Valder responded that the cut and
fill waivers were a part of the final plat.
Leesa Fraverd expressed opposition to the cut and fill waivers for this project. She also was concerned about the
landscaping plan which included walls of different angles and sizes for soil retention purposes. She thought this area
was better suited for custom homes.
Karen Myers and Bob Thomas,members of the Planning &Zoning Commission,opposed the cut and fill waivers.
They stated they approved of the preliminary plat for this project but not the cut and fill waivers.
Bruce Hansen, also a member of the Planning &Zoning Commission,did not oppose the cut and fill waivers.
Councilman Clark thought the cut and fill waivers on this property were appropriate to accommodate 48 homes rather
than the construction of apartments at this site.
Councilman Lawrence said he thought a multi-family development would be better suited to this area because of the
typography and that cut and filling would not be as severe.
Tom Leidiger asked about the impact this development would have on the Town.
Minutes of the Regular Session of the Town Council 11/03/94
Page 9 of 18
The motion CARRIED with a 5-2 vote. Councilman Lawrence and Councilwoman Wiggishoff voted nay.
AGENDA ITEM#39 - CONSIDERATION OF AN APPEAL FROM PULTE HOMES ON THE SUNRISE
POINT PRELIMINARY PLAT CONCERNING THE HILLSIDE PROTECTION EASEMENT
STIPULATION.
Attorney Farrell stated that an agreement had been reached regarding the Hillside Protection Easement.
Councilwoman Tibbetts MOVED to deny the appeal from Pulte Homes concerning the Hillside Protection Easement
stipulation previously provided in the preliminary plat. Councilman Clark SECONDED the motion which
CARRIED unanimously.
AGENDA ITEM#40 - CONSIDERATION OF AN APPEAL FROM PULTE HOMES ON THE SUNRISE
POINT PRELIMINARY PLAT CONCERNING THE STIPULATION REQUIRING A TEN (10) YEAR
BOND FOR THE COST OF CONSTRUCTING AN EIGHT(8)FOOT WIDE MEANDERING CONCRETE
OR OTHERWISE PAVED BICYCLE PATH/SIDEWALK ON TRACT D IF THE TOWN TAKES
OWNERSHIP OF TRACT "D" WITHIN TEN (10) YEARS. THE APPLICANT IS PROPOSING TO
DEDICATE TRACT D AT THE TIME OF FINAL PLAT AND TO CONSTRUCT AN EIGHT (8) FOOT
WIDE DECOMPOSED GRANITE BICYCLE PATH/SIDEWALK AT THE TIME OF SUBDIVISION
IMPROVEMENTS,THEREBY ELIMINATING THE NEED FOR A TEN (10) YEAR BOND.
Attorney Farrell stated that an agreement was made to accept a deed and a sum of cash suitable to the Town
Engineer and Attorney that would be deposited until the Town's plans for pathway systems were formulated.
Vice Mayor Hudson MOVED to deny the appeal of Pulte Homes and modify the subdivision stipulation to reflect
dedication of the strip and the acceptance of an agreed-upon amount of cash. Councilwoman Tibbetts SECONDED
the motion which CARRIED unanimously.
°,14)
AGENDA ITEM #41 - CONSIDERATION OF AN APPEAL FROM PULTE HOMES ON THE SUNRISE
POINT PRELIMINARY PLAT CONCERNING THE STIPULATION PROHIBITING TURNS ONTO AND
OFF OF SHEA BOULEVARD AT MONTEREY DRIVE.
Town Engineer Randy Harrel reviewed the stipulation prohibiting left turns onto and off of Shea Boulevard from
Monterey Drive. He stated that staff supported this appeal although the P&Z Commission had recommended a
stipulation prohibiting left turns.
Mayor Cutillo MOVED to approve the appeal from Pulte Homes which would allow left hand turns onto and off
of Shea at Monterey Drive. Councilman Clark SECONDED the motion.
Tom Leidiger asked for clarification as to the appeal. Bill McGivern asked if a turning lane in the middle of the
road would help the traffic problem. Mr. Harrel felt that the volume of traffic would not warrant a special turning
lane at this time. Karen Myers supported the no-left turn as recommended by the P&Z Commission.
The motion CARRIED unanimously.
AGENDA ITEM #42 - CONSIDERATION OF THE FINAL PLAT FOR THE SUNRISE POINT
Minutes of the Regular Session of the Town Council 11/03/94
*NJ
Page 10 of 18
SUBDIVISION,A 36.253 ACRE SUBDIVISION CONSISTING OF 95 LOTS,LOCATED NORTH OF SHEA
BOULEVARD,SOUTH OF THE CLEARAIRE SUBDIVISION,EAST OF SAGUARO BOULEVARD,AND
WEST OF THE FORT MCDOWELL INDIAN RESERVATION.
Loras Rauch reviewed the stipulations included with the approval of the Final Plat for Sunrise Point. They included
financial surety satisfaction for off-site improvements,approval of Town Engineeer of improvement plans and off-site
improvement costs,dedicatory statement of Tract"D" to the Town,legal description of Hillside Protection Easement
on Final Plat and intersection adjustments for traffic at Monterey and Shea Blvd.
Mayor Cutillo MOVED to approve the Final Plat for Sunrise Point Subdivision with the stipulations as presented.
Councilman O'Brien SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #43 - PUBLIC HEARING TO RECEIVE TESTIMONY ON AN APPLICATION MADE
BY PULTE HOME CORPORATION FOR A PROPOSED TEXT AMENDMENT TO THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS REGARDING FENCE AND WALL SETBACKS
IN R-5 ZONING DISTRICTS, CASE NUMBER Z94-33.
AGENDA ITEM #44 - CONSIDERATION OF ORDINANCE 94-46, AMENDING THE TEXT OF THE
ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS REGARDING FENCE AND WALL
SETBACKS IN R-5 ZONING DISTRICTS, CASE NUMBER Z94-33.
Agenda Items#43 and#44 were withdrawn from the Agenda by the applicant.
AGENDA ITEM #45 - PUBLIC HEARING TO RECEIVE TESTIMONY ON AMENDING CHAPTER 2,
SECTION 2.05,PLANNED UNIT DEVELOPMENTS, OF THE ZONING ORDINANCE FOR THE TOWN
OF FOUNTAIN HILLS TO ESTABLISH CRITERIA FOR PLANNED UNIT DEVELOPMENT.
Mayor Cutillo recessed the Regular Session of the Town Council and opened the public hearing at 10:04 P.M.
No one came forward.
AGENDA ITEM#46 - CONSIDERATION OF ORDINANCE 94-45,AMENDING CHAPTER 2, SECTION
2.05, PLANNED UNIT DEVELOPMENTS, OF THE ZONING ORDINANCE FOR THE TOWN OF
FOUNTAIN HILLS TO ESTABLISH CRITERIA FOR PLANNED UNIT DEVELOPMENT.
Mayor Cutillo declared the public hearing closed and reconvened the Regular Session of the Town Council at 10:05
P.M.
Councilman O'Brien MOVED to approve Ordinance 94-45 to establish criteria for Planned Unit Developments.
Councilman Clark SECONDED the motion.
Mr.Jeppson reviewed the proposed criteria required for applicants of Planned Unit Developments in areas of at least
five acres. The preservation of natural features when a site plan is submitted, the protection of environmentally
sensitive areas by the provision of at least 1100 square feet easement per dwelling unit and the provision of usable
open space in the amount of 2200 square feet per lot was the criteria set forth for consideration. At least one of
these criteria must be met prior to the application for a PUD. Limitations to this criteria were also specified such
as minimum lot size less than 80% of the base zoning, undisturbed areas with 15% or less slopes,and minimum
setbacks. These could be negotiated but could not violate set standards.
Ley Minutes of the Regular Session of the Town Council 11/03/94
Page 11 of 18
Margaret Gelinas asked if PUD applicants would be allowed to establish building envelopes on a single unit parcel
without platting out minimum sized lots. Attorney Farrell stated that it was allowed.
The motion CARRIED unanimously.
AGENDA ITEM #47 - PUBLIC HEARING TO RECEIVE TESTIMONY FROM THE PUBLIC ON
AMENDING CHAPTER 10 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO
ESTABLISH THREE NEW ZONING DISTRICTS, R1-10B, R1-8B, AND R1-6B TO PERMIT GREATER
LOT COVERAGE ALLOWANCES THAN THE R1-10, R1-8, AND R1-6 ZONING DISTRICTS.
AGENDA ITEM #48 - CONSIDERATION OF ORDINANCE 94-29 AMENDING CHAPTER 10 OF THE
ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO ESTABLISH THREE NEW ZONING
DISTRICTS, R1-10B, R1-8B, AND R1-6B TO PERMIT GREATER LOT COVERAGE ALLOWANCES
THAN THE R1-10, R1-8, AND R1-6 ZONING DISTRICTS.
Agenda Items#47 and#48 were withdrawn from the Agenda by the applicant.
Town Manager stated it was possible to combine public hearings on all odd-numbered agenda items#49 through#77
as well as the consideration of all even-numbered agenda items #50 through #78. Mayor Cutillo suggested the
combination of these public hearings and with no objections from the Council called a recess to the Regular Session
of the Town Council meeting and opened the public hearing at 10:15 P.M.
AGENDA ITEM#49-PUBLIC HEARING TO RECEIVE TESTIMONY ON A REZONING APPLICATION
SUBMITTED BY SUNRIDGE CANYON LLC, CASE NUMBER Z94-14: KNOWN AS PARCEL A OF
SUNRIDGE CANYON THIS REQUEST IS TO REZONE 12.0 ACRES FROM "R1-43" TO "R1-6A" AND
6.7 ACRES FROM "R1-43" TO "OSR".
AGENDA ITEM#51-PUBLIC HEARING TO RECEIVE TESTIMONY ON A REZONING APPLICATION
SUBMITTED BY SUNRIDGE CANYON LLC, CASE NUMBER Z94-15: KNOWN AS PARCEL B OF
SUNRIDGE CANYON THIS REQUEST IS TO REZONE 6.0 ACRES FROM "R1-43" TO "R1-6A" AND
2.6 ACRES FROM "R1-43" TO "OSR".
AGENDA ITEM#53-PUBLIC HEARING TO RECEIVE TESTIMONY ON A REZONING APPLICATION
SUBMITTED BY SUNRIDGE CANYON LLC, CASE NUMBER Z94-16: KNOWN AS PARCEL D OF
SUNRIDGE CANYON THIS REQUEST IS TO REZONE 35.0 ACRES FROM "R1-43" TO "R1-6A" AND
6.5 ACRES FROM "R1-43" TO "OSR".
AGENDA ITEM#55-PUBLIC HEARING TO RECEIVE TESTIMONY ON A REZONING APPLICATION
SUBMITTED BY SUNRIDGE CANYON LLC, CASE NUMBER Z94-17: KNOWN AS PARCEL E OF
SUNRIDGE CANYON THIS REQUEST IS TO REZONE 16.0 ACRES FROM "R1-43" TO "R1-10A" AND
24.4 ACRES FROM "R1-43" TO "OSR".
AGENDA ITEM#57-PUBLIC HEARING TO RECEIVE TESTIMONY ON A REZONING APPLICATION
SUBMITTED BY SUNRIDGE CANYON LLC, CASE NUMBER Z94-18: KNOWN AS PARCEL F OF
SUNRIDGE CANYON THIS REQUEST IS TO REZONE 9.0 ACRES FROM "R1-43" TO "R1-10A" AND
1.3 ACRES FROM "R1-43" TO "OSR".
AGENDA ITEM#59-PUBLIC HEARING TO RECEIVE TESTIMONY ON A REZONING APPLICATION
Minutes of the Regular Session of the Town Council 11/03/94
Page 12 of 18
SUBMITTED BY SUNRIDGE CANYON LLC, CASE NUMBER Z94-19: KNOWN AS PARCEL G OF
SUNRIDGE CANYON THIS REQUEST IS TO REZONE 41.0 ACRES FROM "R1-43" TO "R1-6A" AND
Lir 12.5 ACRES FROM "R1-43" TO "OSR".
AGENDA ITEM#61-PUBLIC HEARING TO RECEIVE TESTIMONY ON A REZONING APPLICATION
SUBMITTED BY SUNRIDGE CANYON LLC, CASE NUMBER Z94-20: KNOWN AS PARCEL H OF
SUNRIDGE CANYON THIS REQUEST IS TO REZONE 27.0 ACRES FROM "R1-43" TO "R1-10A" AND
10.0 ACRES FROM "R1-43" TO "OSR".
AGENDA ITEM#63-PUBLIC HEARING TO RECEIVE TESTIMONY ON A REZONING APPLICATION
SUBMITTED BY SUNRIDGE CANYON LLC, CASE NUMBER Z94-21: KNOWN AS PARCEL I OF
SUNRIDGE CANYON THIS REQUEST IS TO REZONE 26.0 ACRES FROM "R1-43" TO "R1-10A" AND
89.9 ACRES FROM "R1-43" TO "OSR".
AGENDA ITEM#65-PUBLIC HEARING TO RECEIVE TESTIMONY ON A REZONING APPLICATION
SUBMITTED BY SUNRIDGE CANYON LLC, CASE NUMBER Z94-22: KNOWN AS PARCEL J OF
SUNRIDGE CANYON THIS REQUEST IS TO REZONE 75.0 ACRES FROM"R1-43" TO "R1-35H" AND
68.5 ACRES FROM "R1-43" TO "OSR".
AGENDA ITEM#67-PUBLIC HEARING TO RECEIVE TESTIMONY ON A REZONING APPLICATION
SUBMITTED BY SUNRIDGE CANYON LLC, CASE NUMBER Z94-23: KNOWN AS PARCEL K OF
SUNRIDGE CANYON THIS REQUEST IS TO REZONE 18.0 ACRES FROM "R1-43" TO "R1-6A" AND
6.7 ACRES FROM "R1-43" TO "OSR".
AGENDA ITEM#69-PUBLIC HEARING TO RECEIVE TESTIMONY ON A REZONING APPLICATION
SUBMITTED BY SUNRIDGE CANYON LLC, CASE NUMBER Z94-24: KNOWN AS PARCEL L OF
SUNRIDGE CANYON THIS REQUEST IS TO REZONE 17.0 ACRES FROM "R1-43" TO "R1-6A" AND
14.6 ACRES FROM "R1-43" TO "OSR".
AGENDA ITEM#71-PUBLIC HEARING TO RECEIVE TESTIMONY ON A REZONING APPLICATION
SUBMITTED BY SUNRIDGE CANYON LLC, CASE NUMBER Z94-25: KNOWN AS PARCEL M OF
SUNRIDGE CANYON THIS REQUEST IS TO REZONE 20.0 ACRES FROM "R1-43" TO "R1-10A" AND
47.3 ACRES FROM "R1-43" TO "OSR".
AGENDA ITEM#73-PUBLIC HEARING TO RECEIVE TESTIMONY ON A REZONING APPLICATION
SUBMITTED BY SUNRIDGE CANYON LLC, CASE NUMBER Z94-26: KNOWN AS PARCEL N OF
SUNRIDGE CANYON THIS REQUEST IS TO REZONE 40.0 ACRES FROM "R1-43" TO "R1-8A" AND
11.8 ACRES FROM "R1-43" TO "OSR".
AGENDA ITEM#75-PUBLIC HEARING TO RECEIVE TESTIMONY ON A REZONING APPLICATION
SUBMITTED BY SUNRIDGE CANYON LLC, CASE NUMBER Z94-27: KNOWN AS PARCEL 0 OF
SUNRIDGE CANYON THIS REQUEST IS TO REZONE 21.0 ACRES FROM "R1-43" TO "R1-8A" AND
16.2 ACRES FROM "R1-43" TO "OSR".
AGENDA ITEM#77-PUBLIC HEARING TO RECEIVE TESTIMONY ON A REZONING APPLICATION
SUBMITTED BY SUNRIDGE CANYON LLC,CASE NUMBER Z94-28: KNOWN AS THE GOLF COURSE
PARCEL (PARCELS GC1, GC2,AND GC3)OF SUNRIDGE CANYON THIS REQUEST IS TO REZONE
A TOTAL OF 236.7 ACRES FROM "R1-43" TO "OSR" MORE SPECIFICALLY;
PARCEL GC1 - REZONE 188 ACRES FROM "R1-43" TO "OSR"
PARCEL GC2 - REZONE 13 ACRES FROM "R1-43" TO "OSR"
PARCEL GC3 - REZONE 35.7 ACRES FROM "R1-43" TO "OSR"
Minutes of the Regular Session of the Town Council 11/03/94
New Minutes
13 of 18
Town Manager Nordin started the public hearing with the timetable for proposed actions for the Sunridge Canyon
project. The first phase was the approval of the Specific Plan in May of 1994. The next phase would be the
rezoning of the parcels in the Sunridge Canyon area which was the subject of the public hearing. Additional phases
would include the adoption of a Development Agreement,approval of a Preliminary Plat and the approval of a Final4411)
Plat. This public hearing would not include any action on parcel "C" because a PUD request was being processed
for that parcel. Staff recommended the "A" zones for approval in order to expedite the construction of Palisades
Boulevard, the development of this large project, open space preservation and golf course construction.
Councilman O'Brien asked about the purpose of design guidelines for insurance of uniformity and common factors
in development and the relevance of design guidelines. Loras Rauch stated that staff had worked with the applicant
to upgrade the design guidelines for continuity purposes. Attorney Farrell stated that the Council should be satisfied
with the written content in the design guidelines because they would become a part of the final plat upon adoption.
Vice Mayor Hudson asked if the design guidelines could be made part of the Development Agreement. Ms.Rauch
stated that staff would recommend the design guidelines be part of the Development Agreement.
Greg Bielli gave a slide presentation and described plans for the development of Sunridge Canyon. He pointed out
the areas to be rezoned, the platting of lots, the five-acre park site location and the proposed golf course
development. He stated that the North Heights guidelines were used as a base for the design guidelines for Sunridge
Canyon. Mr. Bielli stated that the newly-created lake fronting Golden Eagle Boulevard would be important in the
storage of effluent. Streetscapes,landscaping programs,sidewalks and pathway systems were discussed. Renderings
of the golf course clubhouse were subject to revisions. Variations would be allowed in colors of roof tiles. He
explained the guidelines stipulated in single builder neighborhoods to include 50% single story residences, no two
story dwellings placed side by side and 40' rear setbacks from building to building.
Sharon Hutchison asked if the final development of Sunridge Canyon would look like similar developments in
Scottsdale. Mr.Bielli answered that there would be a variety of designs,houseplans,color tones,elevations and roof
tiles.
Nod
Karen Myers, a member of the Planning & Zoning Commission, stated that at a recent meeting she cast the only
dissenting vote when the P&Z Commission approved Sunridge Canyon's requests to rezone lands. She explained
that the design guidelines were incomplete and believed they should have been complete at the time of zoning
approval to guarantee MCO would require any subdivider's performance exactly as written in the guidelines.
Bill McGivem urged the design guidelines be in final form before any action was taken. He was additionally
concerned about financial guidelines.
Tom Leidiger stated he was not against growth but was for responsible growth protected by the Council's approval
of projects that would not modify the quality of life. Taxes,new schools,destruction of the desert lands and effluent
problems were factors to be considered.
Sharon Hutchison was opposed to changing the zoning for this project. She felt that zoning changed in favor of a
developer would change the flavor of the Town.
Lisa Fraverd was opposed to the "A" zone designations for parcels A, B,D,G and K.
Margaret Gelinas expressed her approval of the project and said she felt the cost of lots in this development would
result in a first class undertaking.
Mr. Bielli told the Council that additional guidelines would be established when the CC&R's are developed for this
subdivision. The subject of the Urban Lands Institute presentation was not related to the design guidelines. When
MCO initiated the Sunridge Canyon project,the plans were not approved due to Urban Lands Institute's insistence
Minutes of the Regular Session of the Town Council 11/03/94
'411)
Page 14 of 18
that this project should not be attached to existing Fountain Hills. They believed that Fountain Hills would not be
a benefit to this project. Density revisions to the Specific Plan resulted in changes from 1143 units to 950 units, or
411111, approximately one unit per acre. Also 300 acres of open space would be provided in addition to the golf course
lands by the approval of this zoning.
Walt Franklin stated that since MCO would not be the developer of this project he wanted this project protected by
established design guidelines.
Mayor Cutillo closed the public hearing and reconvened the Regular Session of the Town Council at 11:18 P.M.
AGENDA ITEM#50 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON
REZONING APPLICATION FOR SUNRIDGE CANYON PARCEL A, CASE NUMBER Z94-14,
ORDINANCE 94-30.
AGENDA ITEM#52 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON
REZONING APPLICATION FOR SUNRIDGE CANYON PARCEL B, CASE NUMBER Z94-15,
ORDINANCE 94-31.
AGENDA ITEM#54 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON
REZONING APPLICATION FOR SUNRIDGE CANYON PARCEL D, CASE NUMBER Z94-16,
ORDINANCE 94-32.
AGENDA ITEM#56 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON
REZONING APPLICATION FOR SUNRIDGE CANYON PARCEL E, CASE NUMBER Z94-17,
ORDINANCE 94-33.
AGENDA ITEM#58 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON
REZONING APPLICATION FOR SUNRIDGE CANYON PARCEL F, CASE NUMBER Z94-18,
ORDINANCE 94-34.
AGENDA ITEM#60 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON
REZONING APPLICATION FOR SUNRIDGE CANYON PARCEL G, CASE NUMBER Z94-19,
ORDINANCE 94-35.
AGENDA ITEM#62 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON
REZONING APPLICATION FOR SUNRIDGE CANYON PARCEL H, CASE NUMBER Z94-20,
ORDINANCE 94-36.
AGENDA ITEM#64 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON
REZONING APPLICATION FOR SUNRIDGE CANYON PARCEL I, CASE NUMBER Z94-21,
ORDINANCE 94-37.
AGENDA ITEM#68 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON
REZONING APPLICATION FOR SUNRIDGE CANYON PARCEL K, CASE NUMBER Z94-23,
ORDINANCE 94-39.
AGENDA ITEM#70 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON
REZONING APPLICATION FOR SUNRIDGE CANYON PARCEL L, CASE NUMBER Z94-24,
ORDINANCE 94-40.
Minutes of the Regular Session of the Town Council 11/03/94
Page 15 of 18
AGENDA ITEM#72 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON
REZONING APPLICATION FOR SUNRIDGE CANYON PARCEL M, CASE NUMBER Z94-25,
ORDINANCE 94-41.
AGENDA ITEM #76 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON
REZONING APPLICATION FOR SUNRIDGE CANYON PARCEL 0, CASE NUMBER Z94-27,
ORDINANCE 94-43.
Attorney Farrell addressed the consideration of Agenda Items#50 through#78,even numbers only,stating that they
could be dealt with one vote and that each agenda item respresented a separate ordinance(Ordinance 94-29 through
94-44) which treated each lettered parcel by identifying the zoning of that parcel. The minutes would reflect the
same vote on each ordinance unless an exception was made. In that instance a separate vote would be required.
Councilwoman Wiggishoff asked that exception be taken to Ordinance 94-38(Parcel J-Agenda Item#66),Ordinance
94-42 (Parcel N-Agenda Item#74),and Ordinance 94-44 (Golf Course Lands-Agenda Item#78).
Mayor Cutillo MOVED to approve Ordinances 94-30 through 94-44 excluding 94-38,94-42 and 94-44. Councilman
LAWRENCE seconded the motion.
Councilwoman Wiggtshatl`was concerned d prematurely apprroving zoning;without all conditions and stipulations
presei to the design guide ines and:withou�t the knowledgeo contractors and products chosen f tl►e Pr l She;
stated:that it was important to grant:zoning enhancements appro to to the individual products ton each p cel.
She sand the density factor was the most important considertion at`his tam .She favored;the approval of fat zones
such as R.l-6,without"A"classifications until such tune as:the identity of the bu lders aid products would be known
She also stated that"pulling:'the z fining"on a par el for violations of design guidelines would be an unsatisfactory
way of guiding development. The deters ination;of the.proper zonings for this;development and the;necessity to
cover all issues as deeded seas the responsibility of the Council
Mayor Cutillo was skeptical that if additional delays were to continue the extension of Palisades Boulevard might `"
bejeopardized.
Councilman O'Brien felt that the difference between a basic zoning and an "A"zone was minimal. He thought the
land should be initially zoned for the project notwithstanding the identity of builders. He was opposed to discussing
this project at such a late hour.
Vice Mayor Hudson stated that this project had been discussed more than any other project in Fountain Hills and
was opposed to postponing the consideration of these zoning issues.
Councilman Clark remarked that many questions were repeatedly asked that had already been answered regarding
infrastructures. Roads, sewers and water improvements would be paid for by developers, not the Town. In this
project the developer would improve 2 1/2 miles of road outside of the boundaries of their project which would
substantially benefit the Town. He was catisfied with the lower density situation created by the"A"zoning although
he did not anticipate all "A" zones.
Councilwoman Tibbetts agreed with density transfers to allow developments to be created in the preservation of
mountain areas.
Attorney Farrell stated that the Town had the ability to negotiate infrastructures through the Development Agreement
to insure permanency in the zoning of the project and a likewise commitment of the developer to insure the
completion of the project. These negotiations would set forth performance standards and schedules with specific
requirements in the development of projects over a long period of time.
Minutes of the Regular Session of the Town Council 11/03/94
Page 16 of 1$
The motion CARRIED with a 6-1 vote, Councilwoman Wiggishoff cast the nay vote.
(1116, AGENDA ITEM#66 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON
REZONING APPLICATION FOR SUNRIDGE CANYON PARCEL J, CASE NUMBER Z94-22,
ORDINANCE 94-38.
Mayor Cutillo MOVED to approve Ordinance 94-38 regarding Parcel "J" as written. Councilman Lawrence
SECONDED the motion which CARRIED unanimously.
AGENDA ITEM#74 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON
REZONING APPLICATION FOR SUNRIDGE CANYON PARCEL N, CASE NUMBER Z94-26,
ORDINANCE 94-42.
Mayor Cutillo MOVED to approve the rezoning of Parcel N to R1-10A zoning. Councilman Lawrence
SECONDED the motion. The motion CARRIED with a 5-2 vote. Nay votes were cast by Councilwoman
Wiggishoff and Councilman Clark.
AGENDA ITEM#78 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON
REZONING APPLICATION FOR SUNRIDGE CANYON PARCEL GC1,GC2,AND GC3,CASE NUMBER
Z94-28, ORDINANCE 94-44.
Mayor Cutillo MOVED to approve Ordinance 94-44 as written. Councilman Clark SECONDED the motion which
CARRIED unanimously.
L
AGENDA ITEM#79- 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.)
Bill McGivern spoke of his concern with density and density transfers.
AGENDA ITEM#80 - ADJOURNMENT.
Vice Mayor Hudson MOVED to adjourn the meeting. Councilman O'Brien SECONDED the motion which
CARRIED unanimously. The meeting adjourned at 12:00 A.M.
Minutes of the Regular Session of the Town Council 11/03/94
Page 17 of 1$
TOWN OF FOUNTAIN HILLS
By: n
Jo . utillo, Mayor
ATTEST: C/ -' ' �►✓. k� -�
Cassie B. Hansen, Town Clerk
PREPARED BY: ! ).-.1-4 , ,((' ,,(... ,�
Linda D.Lemme , Administrative Assistant
CER 1'INICATION
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 3rd day of November, 1994. I further certify that the meeting
was duly called and that a quorum was present.
DATED this 17th day of November, 1994.
,....)
ettALLt. 45 4.1A,‘41,L)
Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 11/03/94
Page 18 of 18 *411)