HomeMy WebLinkAbout1995.0803.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
AUGUST 3, 1995
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30
P.M.,Thursday, August 3, 1995,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, Vice
Mayor Frank Clark, and Councilmembers Don Lawrence, Wally Hudson, Bill O'Brien and Marianne Wiggishoff.
Councilwoman Peg Tibbetts was absent. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell,
Director of Community Development Gary Jeppson,Town Engineer Randy Harrel and Planners Geir Sverdrup and
Jeff Valder.
Mayor Cutillo said he had received requests to remove Agenda Items#7,#17 and#18 from the Consent Agenda for
further discussion. He then read the remainder of the Consent Agenda which contained the following agenda items:
AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF
JUNE 29TH AND JULY 5TH, 1995.
AGENDA ITEM#3 -CONSIDERATION OF THE INTERGOVERNMENTAL AGREEMENT WITH THE
CITY OF SCOTTSDALE FOR USE OF THEIR JAIL FACILITIES FOR PRISONER HOUSING.
AGENDA ITEM#4 -CONSIDERATION OF THE INTERGOVERNMENTAL AGREEMENT WITH THE
MARICOPA COUNTY LIBRARY DISTRICT FOR FULL LIBRARY SERVICES FOR THE TOWN OF
FOUNTAIN HILLS.
AGENDA ITEM#5- CONSIDERATION OF THE INTERGOVERNMENTAL AGREEMENT WITH THE
ARIZONA DEPARTMENT OF TRANSPORTATION FOR SAGUARO BOULEVARD BIKE LANES. ADOT
FEDERAL AID FUNDS ARE $72,000,WITH THE TOWN FUNDS OF$7,672.
AGENDA ITEM#6 - CONSIDERATION OF THE INTERGOVERNMENTAL AGREEMENT WITH THE
ARIZONA DEPARTMENT OF TRANSPORTATION FOR A BOX CULVERT ON FOUNTAIN HILLS
BOULEVARD AT ASHBROOK WASH. ADOT FEDERAL AID FUNDS ARE $360,000, WITH TOWN
FUNDS OF$96,711.
AGENDA ITEM#8-CONSIDERATION OF RESOLUTION 1995-36,ABANDONING TO THE ADJACENT
PROPERTY OWNERS ALL RIGHT, TITLE OR INTEREST THE TOWN HAS IN THOSE CERTAIN
PUBLIC RIGHTS-OF-WAY LOCATED WITHIN FOUNTAIN HILLS FINAL PLAT NUMBER 302,BLOCK
5 AS RECORDED IN BOOK 156, PAGE 45 OF THE RECORDS OF THE MARICOPA COUNTY
RECORDER WHICH HAVE BEEN FOUND TO BE NO LONGER NECESSARY FOR PUBLIC USE.
AGENDA ITEM#9-CONSIDERATION OF RESOLUTION 1995-37,ABANDONING TO THE ADJACENT
PROPERTY OWNERS ALL RIGHT, TITLE OR INTEREST THE TOWN HAS IN THOSE CERTAIN
PUBLIC RIGHTS-OF-WAY LOCATED WITHIN FOUNTAIN HILLS FINAL PLAT NUMBER 302A,
BLOCK 2 AS RECORDED IN BOOK 164,PAGE 43 OF THE RECORDS OF THE MARICOPA COUNTY
Minutes of the Regular Session of the Town Council 08/03/95
Page 1 of 13
RECORDER WHICH HAVE BEEN FOUND TO BE NO LONGER NECESSARY FOR PUBLIC USE.
AGENDA ITEM #10 - CONSIDERATION OF RESOLUTION 199547, ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST THE TOWN HAS IN THE CERTAIN DRAINAGE AND PUBLIC UTILITY
EASEMENTS ALONG THE WESTERLY LOT LINE OF LOT 9, BLOCK 4, OF PLAT 506A FOUNTAIN
HILLS, ARIZONA, AS RECORDED IN BOOK 159, PAGE 30, OF THE RECORDS OF MARICOPA
COUNTY, ARIZONA.
AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 1995-48, ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST THE TOWN HAS IN THE CERTAIN DRAINAGE AND PUBLIC UTILITY
EASEMENTS ALONG THE WESTERLY LOT LINE OF LOT 7, BLOCK 12, OF PLAT 204 FOUNTAIN
HILLS, ARIZONA, AS RECORDED IN BOOK 142 OF MAPS, PAGE 10, RECORDS OF MARICOPA
COUNTY, ARIZONA.
AGENDA ITEM #12 - CONSIDERATION OF RESOLUTION 1995-49, ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST THE TOWN HAS IN THE CERTAIN DRAINAGE AND PUBLIC UTILITY
EASEMENTS ALONG THE WESTERLY LOT LINE OF LOT 40,BLOCK 3,OF PLAT 505C FOUNTAIN
HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 42, RECORDS OF MARICOPA
COUNTY, ARIZONA.
AGENDA ITEM #13 - CONSIDERATION OF RESOLUTION 1995-52, ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST THE TOWN HAS IN A PORTION OF THE CERTAIN DRAINAGE AND
PUBLIC UTILITY EASEMENTS ALONG THE SOUTHWESTERLY AND SOUTHEASTERLY LOT LINES
OF LOT 3, BLOCK 7, OF PLAT 206 FOUNTAIN HILLS,ARIZONA, AS RECORDED IN BOOK 147 OF
MAPS, PAGE 2, RECORDS OF MARICOPA COUNTY, ARIZONA.
AGENDA ITEM#14-CONSIDERATION OF A FINAL PLAT FOR LOT 18,BLOCK 2,FOUNTAIN HILLS
FINAL PLAT 106 FOR MIRAGE CONDOMINIUMS#108 LOCATED AT 16818 E.ALAMOSA AVENUE,
CASE NUMBER S95-068.
AGENDA ITEM#15- CONSIDERATION OF A REPLAT OF LOTS 5, 17, 40,41 AND 52,AND TRACTS
"A" AND "E" OF FOUNTAIN HILLS FINAL PLAT SUNRISE POINT TO RECONFIGURE THE
AFOREMENTIONED LOTS AND TRACT TO ACCOMMODATE AN ENLARGED DRAINAGE
EASEMENT ON TRACT "A" AND REDUCING THE SIZE OF TRACT "E", CASE NUMBER S95-064.
AGENDA ITEM#16-CONSIDERATION OF THE FINAL PLAT FOR EAGLE MOUNTAIN#6;A 67 LOT
SUBDIVISION IN THE EAGLE MOUNTAIN DEVELOPMENT LOCATED SOUTH OF MIRAMONTE
DRIVE, EAST AND NORTH OF SUMMER HILLS BOULEVARD,#S94-116.
Vice Mayor Clark MOVED to approve the Consent Agenda as read. Councilwoman Wiggishoff SECONDED the
motion. A roll call vote was taken with the following results:
Councilman Lawrence Aye
Councilman O'Brien Aye
Councilwoman Wiggishoff Aye
Councilman Hudson Aye
Vice Mayor Clark Aye
Mayor Cutillo Aye
The motion CARRIED unanimously.
Minutes of the Regular Session of the Town Council 08/03/95
Page 2 of 13
AGENDA ITEM #7 - CONSIDERATION OF THE DRAINAGE COMMITMENT LETTER FROM MCO
PROPERTIES COMMITTING THEIR PARTICIPATION IN A FUTURE TOWN DRAINAGE PROJECT
AT THE SAGUARO/PALISADES INTERSECTION IN THE FIXED AMOUNT OF $17,000.
Councilman Lawrence asked Town Engineer Randy Harrel if the time period of five-years for the commitment
mentioned in the letter was sufficient. Mr. Harrel stated the time frame was uncertain and could be further
negotiated and extended. Councilman Lawrence said he considered 7 1/2 years a more adequate time period.
Tim Terrill, MCO Properties, offered to make a lump sum immediate payment and eliminate the time frame
considerations.
Councilman Lawrence MOVED to accept a lump sum payment in the amount of$17,000 from MCO Properties for
the future drainage project at the Saguaro/Palisades intersection. Councilman Hudson SECONDED the motion
which CARRIED unanimously.
AGENDA ITEM#17-CONSIDERATION OF THE FINAL PLAT FOR EAGLE MOUNTAIN#8;A 101 LOT
SUBDIVISION IN THE EAGLE MOUNTAIN DEVELOPMENT LOCATED SOUTH OF MIRAMONTE
DRIVE AND NORTH OF SUMMER HILLS BOULEVARD;#S94-119.
AGENDA ITEM#18-CONSIDERATION OF THE FINAL PLAT FOR EAGLE MOUNTAIN#12;A 29 LOT
SUBDIVISION IN THE EAGLE MOUNTAIN DEVELOPMENT LOCATED EAST OF MIRAMONTE
DRIVE;#S94-118.
Councilman O'Brien asked if there were reasons other than fire safety to review lengths of cul-de-sacs such as the
evacuation and medical emergencies.
Nliorr Town Manager Nordin said written assurances had been received from the developer that Parcel#12 would contain
a 1200' cul-de-sac and would include fire sprinklers to bring the cul-de-sac into compliance. He said Parcel #8
contained a 1160' cul-de-sac and he had been given a verbal assurance that fire sprinklers would be included in this
parcel also.
Mark Voight,representing the developer of Eagle Mountain,asked the Council if fire sprinklers would be required
along the streets involving the cul-de-sac or the entire subdivision. Mr.Jeppson stated the Town ordinance required
the entire subdivision to install fire sprinkler systems if a cul-de-sac in that subdivision exceeded 1000' in length.
Councilman O'Brien MOVED to approve Agenda items #17 and #18 as presented with a stipulation that fire
sprinklers be required in Parcel #8. Councilwoman Wiggishoff SECONDED the motion which CARRIED
unanimously.
AGENDA ITEM #19 - PUBLIC HEARING ON RESOLUTION 1995-51, ADOPTING THE TENTATIVE
BUDGET AS THE 1995/96 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS.
Mayor Cutillo recessed the Regular Session of the Town Council and declared the public hearing open at 6:45 P.M.
No one came forward from the public to speak for against the 1995-96 budget. Mayor Cutillo declared the public
hearing closed and reconvened the Regular Session of the Town Council meeting at 6:46 P.M.
Minutes of the Regular Session of the Town Council 08/03/95
Page 3 of 13
AGENDA ITEM #20 - CONSIDERATION OF RESOLUTION 1995-51, ADOPTING THE TENTATIVE
BUDGET AS THE 1995/96 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS.
f
ice, Councilwoman Wiggishoff MOVED to approve Resolution 1995-51 adopting the 1995-96 fiscal year budget for the
Town of Fountain Hills. Vice Mayor Clark SECONDED the motion which CARRIED unanimously.
AGENDA ITEM#21-CONSIDERATION OF ORDINANCE 95-25 AND ORDINANCE 95-25 A,ADOPTING
A MANDATORY SPRINKLER ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS. ORDINANCE
95-25 WOULD AMEND THE TOWN CODE BY ADDING A NEW ARTICLE 7-9 REQUIRING
AUTOMATIC FIRE EXTINGUISHING SYSTEMS. ORDINANCE 95-25 A WOULD AMEND THE TOWN
CODE BY ADDING A NEW ARTICLE 7-9 REQUIRING AUTOMATIC FIRE EXTINGUISHING SYSTEMS
IN CERTAIN AREAS OF THE TOWN AND IN CERTAIN NEW STRUCTURE, REMODELS,
RECONSTRUCTIONS, ADDITIONS, ACCESSORY AND DETACHED BUILDINGS.
Town Attorney Farrell reviewed the options of the Council regarding the passage of a mandatory fire sprinkler
ordinance either by the designation of a mandatory zone or the decision to make the ordinance effective throughout
the entire town. He advised that challenges to the ordinance or appeals based on discrimination would not be as
prevalent if the ordinance was mandated throughout the Town rather than by a designated zone.
Mayor Cutillo said he thoroughly opposed mandating sprinklers anywhere. He stated homeowners shouldn't be
burdened with the cost of a mandatory sprinkler system and that he had not been convinced there was a definite need
for sprinklers in the community.
Councilman O'Brien MOVED to approve Ordinance 95-25 mandating sprinklers throughout the Town of Fountain
Hills. Councilwoman Wiggishoff SECONDED the motion.
Councilman O'Brien pointed out the fact that large chunks of unplatted land spread over the entire town slated for
development in the future had encouraged his decision to approve an ordinance which would mandate fire sprinklers
throughout the town. He pointed out that Scottsdale had initiated a mandatory ordinance three years ago and that
he felt development in Scottsdale had not been affected. He agreed with Mr.Farrell's comments regarding appeals
based on discrimination.
Vice Mayor Clark asked Mr. Farrell why appeals would be directed to the Council rather than the Board of
Adjustment. Mr.Farrell answered that an ordinance with town-wide significance would be the responsibility of the
Council. He stated an appeal would result at the Superior Court level if a citizen appealed a decision of the Board
of Adjustment and preferred the Council consider exceptions to this ordinance as provided. Vice Mayor Clark stated
he had been impressed with presentations from the Fire District regarding the benefits and need for fire sprinklers
and asked the Fire District for their recommendation for fire sprinkler systems either in zones or town-wide.
Councilman Lawrence said he felt government already significantly intruded into citizens' lives and that the Council
should not become involved by mandating fire sprinklers. His concerns included diminishing citizens' rights, the
hinderance of fire fighting ability by a decreased number of fire hydrants,smaller water lines,fewer fire fighters and
fire stations resulted in his opposition. Also,he said narrower streets in larger lot areas would hinder fire fighting
vehicles if widespread desert fires occurred and would put citizens at a greater risk. He said the present voluntary
fire sprinkler ordinance was adequate and gave homeowners the right to a freedom of choice.
Councilwoman Wiggishoff said she had considered the mandating of fire sprinklers concerning the issues of health,
safety and welfare. Information she had examined indicated that automatic sprinkler extinguishing systems worked
better than smoke alarms and often times had extinguished the fire before smoke alarms had been activated
Minutes of the Regular Session of the Town Council 08/03/95
Page 4 of 13
Councilman Hudson indicated his approval of a fire sprinkler system ordinance for the Town and pointed out that
his experience in the insurance business had proved that fire sprinkler systems saved lives and property.
Mayor Cutillo asked for comments from the Fire District regarding the mandating of fire sprinklers in the entire town
or by zones. Bob Travis, Chairman of the Fire District, said that a recent vote indicated support of mandating fire
sprinklers in a chosen zone from an economic standpoint. He further stated the Fire District had considered, from
a development issue,the whole town should be mandated to require fire sprinklers. He estimated future development
without mandated fire sprinklers would result in the addition of at least five new fire stations within the next three
years. He said from a life-saving standpoint, the Fire Board supported town-wide mandates.
Jim Ford,Assistant Chief and Fire Marshal for Rural Metro in the City of Scottsdale, spoke regarding risks during
wildland fires. He stated large desert fires could not be controlled by local fire fighters and would necessitate outside
fire-fighting assistance in most cases. He said his experience with fire sprinkler systems confirmed that they worked
well.
Councilman Lawrence asked what the reductions were for street widths and water mains in the current voluntary
sprinkler Ordinance 95-12. Mr.Jeppson answered if fire sprinkers were voluntarily installed in R1-35,R1-43 and
R1-190 zoning districts,streets could be reduced to 26' in width rather than the 32' standard requirement. Hydrants
could be placed every 1000' rather than the 700' currently required. Town Engineer Randy Harrel pointed out that
since the water flow is reduced with fire sprinkler usage,that in some instances the size of the water main could be
reduced from an 8" to 6" water main.
Mary Pilarinos said she felt fire sprinkler systems would not necessarily save lives and that feelings of increased
security might result in unsafe acts such as overloading electrical outlets, etc. She asked how residential systems
would be periodically checked to make sure everything was in working order. Mr. Ford stated that residential
systems were easy to check and required virtually no maintenance once they had been installed. He said that
inspectors in Scottsdale sent reminders to property owners and checked out sprinkler systems on request without a
charge for their services.
Kelly House,a Shea Homes developer,asked if a totally-steel constructed residence would qualify as an exception
to the ordinance requiring fire sprinkler systems. Mr. Ford answered that his experience in steel-constructed
buildings, such as high-rise commercial structures,proved that the framework did not burn but the inside contents
did. Mr. Farrell stated the ordinance provided for exceptions to be granted when property owners claimed that
hardships existed and that the Council would consider each case individually.
Mark Voight, an Eagle Mountain developer, expressed his opposition to requiring fire sprinklers and urged the
Council to consider circumstances where subdivisions had been started under existing guidelines and now were
subject to changes in mid-stream development.
Gordon Pittsenbarger, a local builder for the past 11 years, told the Council his customers preferred not to install
sprinkler systems in their new residences even though they could afford the cost and said he felt that homeowners
should be given the choice to decide whether fire sprinklers should be installed in their homes. He pointed out that
five residential fires in Fountain Hills had occurred during their construction and that sprinklers could not have saved
those buildings. He said that to the best of his knowledge there were only two homes in the whole town that had
installed sprinkler systems in the 25-year period of development proving that homeowners did not want fire sprinkler
systems.
Gary Martinson,a Mirage Homes developer,opposed the mandatory fire sprinkler ordinance even though his recent
88-home development had included automatic fire sprinkler systems. He said his discussions with Chaparral City
Water Company had prompted him to install sprinklers because of low water pressure in certain areas of the town.
He further stated the $200 per unit he spent on fire security systems was more economically suitable to his needs
and provided the same level of safety as a$1000 fire sprinkler system.
Minutes of the Regular Session of the Town Council 08/03/95
Low Page 5 of 13
Tim Yoder,speaking for the Fire District,said this issue had been studied for the past five years and reitereated that
sprinklers could save lives. He urged the Council to adopt an ordinance to mandate fire sprinklers at least in certain
zones.
David Mansfield,First American Title Company,stated he thought residents should have a choice whether to install
fire sprinklers in their homes, that there are many different systems and that the impact to the community was of
primary concern. He referred to the ISO rating system which could be lowered as a result of the mandating of fire
sprinklers,particularly in the industrial and commercial areas. He said he favored a longer period of implementation
if the Council approved mandatory sprinklers. Mr.Ford stated that Scottsdale was involved with a review of their
rating since the regulation of sprinklers had been adopted and he expected a more favorable rating would result in
lower insurance premiums. He further stated that commercial structures were not rated under the ISO ratings.
Jack Bercel,a local contractor,said he despised mandatory regulations and that they usually resulted in unnecessary
hassles. He said the need had not been proven for sprinklers and that a voluntary ordinance was reasonable.
Ken Creta,a local builder for the past 12 years,expressed his concerns over rising costs,taxes,sanitary district costs
and the availability of affordable housing. He indicated that the voluntary ordinance had proven residents didn't want
fire sprinklers in their homes.
Councilman O'Brien AMENDED the motion to include an effective date of January 1, 1996 for Ordinance 95-25.
Councilman Lawrence SECONDED the amendment which CARRIED with a 4-2 vote. Vice Mayor Clark and
Mayor Cutillo cast the nay votes.
A vote on the motion to approve Ordinance 95-25 CARRIED with a 4-2 vote. Mayor Cutillo and Councilman
Lawrence cast the nay votes.
AGENDA ITEM #22 - PUBLIC HEARING ON RESOLUTION 1995-50, TO RECEIVE PUBLIC
�r TESTIMONY ON AN APPLICATION TO AMEND A 1.41 ACRE PARCEL IN THE TOWN OF FOUNTAIN
HILLS GENERAL PLAN FROM BP(BUSINESS PARK)TO GENERAL COMMERCIAL/RETAIL WHICH
IS LOCATED SOUTH OF SHEA BOULEVARD AND WEST OF SAGUARO BOULEVARD, CASE
NUMBER GPA95-01.
Mayor Cutillo recessed the Regular Session of the Town Council meeting and opened the public hearing at 8:00 P.M.
No one came forward to speak for or against Resolution 1995-50. Mayor Cutillo declared the public hearing closed
and reconvened the Regular Session of the Town Council meeting at 8:01 P.M.
AGENDA ITEM#23-CONSIDERATION OF RESOLUTION 1995-50,AN APPLICATION TO AMEND A
1.41 ACRE PARCEL IN THE TOWN OF FOUNTAIN HILLS GENERAL PLAN FROM BP (BUSINESS
PARK)TO GENERAL COMMERCIAL/RETAIL WHICH IS LOCATED SOUTH OF SHEA BOULEVARD
AND WEST OF SAGUARO BOULEVARD, CASE NUMBER GPA95-01.
Mayor Cutillo MOVED to approve Resolution 1995-50 as presented. Councilwoman Wiggishoff SECONDED the
motion. Councilman O'Brien asked if the drainage concerns received in a letter from had been
addressed or if it was necessary to respond to these concerns. Mr.Harrel stated he would write a letter of response
regarding their concerns. The motion CARRIED unanimously.
Minutes of the Regular Session of the Town Council 08/03/95
Page 6 of 13
AGENDA ITEM#24-PUBLIC HEARING ON ORDINANCE 1995-35,TO RECEIVE PUBLIC TESTIMONY
ON AN APPLICATION TO REZONE A 1.41 ACRE PARCEL FROM R1-6 P.D. AND IND-1 TO C-2
WHICH IS LOCATED SOUTH OF SHEA BOULEVARD AND WEST OF SAGUARO BOULEVARD,
CASE NUMBER Z95-07.
Mayor Cutillo recessed the Regular Session of the Town Council meeting and opened the public hearing at 8:02 P.M.
No one came forward to speak for or against Ordinance 1995-35. Mayor Cutillo declared the public hearing closed
and reconvened the Regular Session of the Town Council meeting at 8:03.
AGENDA ITEM#25- CONSIDERATION OF ORDINANCE 1995-35,AN APPLICATION TO REZONE A
1.41 ACRE PARCEL FROM R1-6 P.D. AND IND-1 TO C-2 WHICH IS LOCATED SOUTH OF SHEA
BOULEVARD AND WEST OF SAGUARO BOULEVARD, CASE NUMBER Z95-07.
Vice Mayor Clark MOVED to approve Ordinance 1995-35 as presented. Councilman Lawrence SECONDED the
motion which CARRIED unanimously.
AGENDA ITEM#26-PUBLIC HEARING ON ORDINANCE 95-29,AMENDING CHAPTER 5,GENERAL
PROVISIONS,SECTION 5.11 " LAND DISTURBANCE STANDARDS",OF THE ZONING ORDINANCE
FOR THE TOWN OF FOUNTAIN HILLS, CASE NUMBER Z95-14.
Mayor Cutillo recessed the Regular Session of the Town Council meeting and opened the public hearing at 8:05 P.M.
No one came forward to speak for or against Ordinance 95-29. Mayor Cutillo declared the public hearing closed
and reconvened the Regular Session of the Town Council meeting at 8:06 P.M.
L
AGENDA ITEM#27-CONSIDERATION OF ORDINANCE 95-29,AMENDING CHAPTER 5,GENERAL
PROVISIONS,SECTION 5.11 " LAND DISTURBANCE STANDARDS",OF THE ZONING ORDINANCE
FOR THE TOWN OF FOUNTAIN HILLS, CASE NUMBER Z95-14.
Mayor Cutillo asked why this amendment had been presented becanse he considered past requests for cut and fill
waivers to be reasonable for construction purposes. Councilwoman Wiggishoff said the Council looked at the merits
of projects requesting waivers and those projects that used design efforts to minimize cut and fill requests and judged
them accordingly. She explained this amendment was a clarification of the existing language relating to include
commercial projects. She stated that the granting of cut and fill waivers should remain as a discretionary control
measure of the Council and that developers should be encouraged to design their projects to fit the land.
Councilman Lawrence stated the standards for commercial and industrial waivers should remain different from
residential cut and fill standards primarily because of the size of the projects. He said he preferred specific
regulations for commercial and industrial zones rather than forcing residential standards.
Councilman O'Brien pointed out one set of standards for all districts would encourage less land disturbance for
reviews of cut and fill waiver requests. Vice Mayor Clark expressed his approval of the proposed ordinance and
said that future commercial developments, such as another shopping center, would need waivers to complete
proposed construction.
Councilwoman Wiggishoff stated that the Council should be in a position of balancing land disturbances and
justifying waiver requests by assessing the merits of proposed projects. She MOVED approval of Ordinance 95-29
Minutes of the Regular Session of the Town Council 08/03/95
Page 7 of 13
to amend Section 5.11. Councilman O'Brien SECONDED the motion.
Leesa Fraverd said she supported one set of standards for cut and fill waiver requests and suggested that developers
might try harder to design their projects to fit the land.
Planning and Zoning Commission Chairman Bob Thomas said he voted against recommending the amendment
because he did not favor the waiver system of exceptions and said he thought the proposal weakened grading
restrictions for residential properties. He said he considered residential waivers were freely granted by the Council
and that as a result of this ordinance, major commercial developments requesting waivers would be routinely
awarded. Director of Community Development Gary Jeppson stated the Council had not granted every waiver
request presented to them.
Mayor Cutillo asked Planner Jeff Valder to define the remaining commercial or industrial areas in the Town that
could possibly require cut and fill waivers beyond the ten foot limitation. He said there were slopes in the industrial
area on the south side of Shea Boulevard but stated there were no commercially-zoned undeveloped property
containing slopes subject to waiver requests. Tim Terrill,MCO Properties,stated a C-2 area that might be affected
was bounded by LaMontana,Palisades,Fountain Hills Boulevard and El Lago and could affect the future civic center
site proposed for that area. Mr.Jeppson stated there were hillside areas between the Safeway and Basha's shopping
center,Fountain Park and other changes in elevation in C-3 areas.
The motion CARRIED with a 4-2 vote. Mayor Cutillo and Councilmember Lawrence cast the nay votes.
AGENDA ITEM #28 - PUBLIC HEARING ON ORDINANCE 95-31, AMENDING CHAPTER 6, SIGN
REGULATIONS, SECTIONS 6.04 AND 6.07, OF THE ZONING ORDINANCE FOR THE TOWN OF
FOUNTAIN HILLS, TO PROVIDE SIGN REGULATIONS FOR THE M-1, M-2 AND M-3 ZONING
J DISTRICTS, CASE NUMBER Z95-16.
`� Mayor Cutillo recessed the Regular Session of the Town Council meeting and opened the public hearing at 8:30 P.M.
No one came forward to speak for or against Ordinance 95-31. Mayor Cutillo closed the public hearing and
reconvened the Regular Session of the Town Council at 8:31 P.M.
AGENDA ITEM #29 - CONSIDERATION OF ORDINANCE 95-31, AMENDING CHAPTER 6, SIGN
REGULATIONS, SECTIONS 6.04 AND 6.07, OF THE ZONING ORDINANCE FOR THE TOWN OF
FOUNTAIN HILLS, TO PROVIDE SIGN REGULATIONS FOR THE M-1, M-2 AND M-3 ZONING
DISTRICTS, CASE NUMBER Z95-16.
Vice Mayor Clark MOVED to approve Ordinance 95-31 as presented. Councilwoman Wiggishoff SECONDED
the motion which CARRIED unanimously.
AGENDA ITEM#30-PUBLIC HEARING ON ORDINANCE 95-32,AMENDING THE OFFICIAL ZONING
DISTRICTS MAP WITHIN THE PROPOSED SUNRIDGE CANYON PARCEL "A" SUBDIVISION TO
REZONE APPROXIMATELY 2.2972 ACRES OF LAND FROM "R1-6A" TO "OSR" AND TO REZONE
APPROXIMATELY 0.8747 ACRES OF LAND FROM "OSR" TO "R1-6A", CASE NUMBER Z95-01.
Mayor Cutillo recessed the Regular Session of the Town Council meeting and opened the public hearing at 8:32 P.M.
No one came forward to speak for or against Ordinance 95-32. Mayor Cutillo declared the public hearing closed
and reconvened the Regular Session of the Town Council at 8:33 P.M.
Minutes of the Regular Session of the Town Council 08/03/95
Page 8 of 13
AGENDA ITEM#31-CONSIDERATION OF ORDINANCE 95-32,AMENDING THE OFFICIAL ZONING
DISTRICTS MAP WITHIN THE PROPOSED SUNRIDGE CANYON PARCEL "A" SUBDIVISION TO
REZONE APPROXIMATELY 2.2972 ACRES OF LAND FROM "R1-6A" TO "OSR" AND TO REZONE
APPROXIMATELY 0.8747 ACRES OF LAND FROM "OSR" TO "R1-6A", CASE NUMBER Z95-01.
Councilman Hudson MOVED to approve Ordinance 95-32 as presented. Vice Mayor Clark SECONDED the motion
which CARRIED unanimously.
AGENDA ITEM #32 - CONSIDERATION OF THE FINAL PLAT FOR THE SUNRIDGE CANYON
PARCEL "A" SUBDIVISION, A 12.29 ACRE, 54-LOT SUBDIVISION, LOCATED WEST OF GOLDEN
EAGLE BOULEVARD AND SOUTH OF CANYON DRIVE, CASE NUMBER S94-097.
Councilman Lawrence asked if Stipulation#5 in staff's recommendations concerning a golf cart under-crossing had
been eliminated. Mr.Nordin said it was not applicable and had been removed. Town Engineer Randy Harrel stated
he had just received information from the County Highway Department regarding proposed warrant criteria for golf
cart crossings with traffic counts exceeding 7000 cars per day. He stated the total number of cars would be far
below the warrant criteria and Stipulation#5 could be eliminated by the Council. Councilman Lawrence asked about
Stipulation#6 concerning the opening of the end of the cul-de-sac at Bursage Drive. Mr.Jeppson explained the cul-
de-sac would become developed as a through intersection connecting to Golden Eagle Boulevard because it exceeded
the 1500' and 25 lots maximum by containing 52 lots in a 2100' distance.
Councilman Lawrence said longer cul-de-sacs could be approved provided emergency access was provided at another
location. Mayor Cutillo agreed and said he preferred the cul-de-sac in this location rather than a through intersection
for safety and traffic flow purposes.
Ray Baldwin,Sunridge Canyon,pointed out the Fire District had formerly approved the planned cul-de-sacs and he
personally wanted them due to concerns regarding cut-through traffic in this area. He noted the expansion plans for
the high school included a drop-off location across the street from Bursage Drive which would increase traffic
conjestion if a through intersection was approved.
Councilman Lawrence MOVED to approve the final plat for Sunridge Canyon Parcel"A"with all staff stipulations
except#5 and#6. Mayor Cutillo SECONDED the motion which CARRIED unanimously.
AGENDA ITEM#33-PUBLIC HEARING ON ORDINANCE 95-33,AMENDING THE OFFICIAL ZONING
DISTRICTS MAP WITHIN THE PROPOSED SUNRIDGE CANYON PARCEL "0" SUBDIVISION TO
REZONE APPROXIMATELY 5.408 ACRES OF LAND FROM "R1-8A" TO "OSR" AND TO REZONE
APPROXIMATELY 4.734 ACRES OF LAND FROM "OSR" TO "R1-8A", CASE NUMBER Z95-04.
Mayor Cutillo recessed the Regular Session of the Town Council and opened the public hearing at 8:42 P.M. No
one came forward to speak for or against Ordinance 95-33,a rezone request for Sunridge Canyon Parcel"O". Mayor
Cutillo declared the public hearing closed and reconvened the Regular Session of the Town Council at 8:43 P.M.
AGENDA ITEM#34-CONSIDERATION OF ORDINANCE 95-33,AMENDING THE OFFICIAL ZONING
DISTRICTS MAP WITHIN THE PROPOSED SUNRIDGE CANYON PARCEL "0" SUBDIVISION TO
REZONE APPROXIMATELY 5.408 ACRES OF LAND FROM "R1-8A" TO "OSR" AND TO REZONE
APPROXIMATELY 4.734 ACRES OF LAND FROM "OSR" TO "R1-8A", CASE NUMBER Z95-04.
Minutes of the Regular Session of the Town Council 08/03/95
,.- Page 9 of 13
Councilwoman Wiggishoff MOVED to approve Ordinance 95-33 as presented. Councilman Lawrence SECONDED
the motion which CARRIED unanimously.
AGENDA ITEM #35 - CONSIDERATION OF THE FINAL PLAT FOR THE SUNRIDGE CANYON
PARCEL "0" SUBDIVISION, A 21.45 ACRE, 53-LOT SUBDIVISION, LOCATED NORTHWEST OF
PALISADES BOULEVARD, SOUTH OF DESERT CANYON DRIVE AND EAST OF SUNRISE DRIVE,
CASE NUMBER S94-098.
Councilman Lawrence MOVED to approve the Final Plat for Sunridge Canyon Parcel "0"Subdivision as presented
including Stipulations#1 through#5. Mayor Cutillo SECONDED the motion which CARRIED unanimously.
AGENDA ITEM#36-PUBLIC HEARING ON ORDINANCE 95-34,AMENDING THE OFFICIAL ZONING
DISTRICTS MAP WITHIN SUNRIDGE CANYON PARCEL "N-WEST PHASE 1" SUBDIVISION TO
REZONE APPROXIMATELY 1.715 ACRES OF LAND FROM "R1-10A" TO "OSR" AND TO REZONE
APPROXIMATELY 0.098 ACRES OF LAND FROM "OSR" TO "R1-8A", CASE NUMBER Z95-03.
Mayor Cutillo recessed the Regular Session of the Town Council meeting and opened the public hearing at 8:45 P.M.
No one came forward to speak for or against Ordinance 95-34. Mayor Cutillo declared the public hearing closed
and reconvened the Regular Session of the Town Council meeting at 8:46 P.M.
AGENDA ITEM#37-CONSIDERATION OF ORDINANCE 95-34,AMENDING THE OFFICIAL ZONING
DISTRICTS MAP WITHIN SUNRIDGE CANYON PARCEL "N-WEST PHASE 1" SUBDIVISION TO
REZONE APPROXIMATELY 1.715 ACRES OF LAND FROM "R1-10A" TO "OSR" AND TO REZONE
APPROXIMATELY 0.098 ACRES OF LAND FROM "OSR" TO "R1-8A", CASE NUMBER Z95-03.
Vice Mayor Clark MOVED to approve Ordinance 95-34 as stated. Councilman Hudson SECONDED the motion
which CARRIED unanimously.
AGENDA ITEM #38 - CONSIDERATION OF THE FINAL PLAT FOR THE SUNRIDGE CANYON
PARCEL N-WEST PHASE 1 SUBDIVISION, AN 18.3 ACRE, 42-LOT SUBDIVISION, LOCATED EAST
OF SUNRIDGE DRIVE, SOUTH OF CANYON DRIVE AND NORTH OF SUNRISE DRIVE, CASE
NUMBER S94-103.
Vice Mayor Clark asked about Stipulation#9 concerning Tract E. Town Engineer Harrel stated after plan reviews
had been completed Tract E had been eliminated as it was no longer needed.
Councilwoman Wiggishoff asked if the appearance or set-up of peripheral walls on subdivisions was regulated. Mr.
Jeppson said there was an ordinance being considered by the Planning and Zoning Commission to be included in
the Subdivision Ordinance for an increased set-back allowance of any fence or wall above 3 1/2' in height. Both
Mr. Jeppson and Mr. Harrel agreed that landscaping was a poor noise barrier.
Councilman Lawrence MOVED to approve the final plat for Sunridge Canyon Parcel N-West Phase 1 with staff
stipulations excluding #9. Councilman Hudson SECONDED the motion.
Minutes of the Regular Session of the Town Council 08/03/95
iv Page 10 of 13
Ray Baldwin,Sunridge Canyon,pointed out the exterior walls had been designed to off-set the varying lot lines and
planned to replant 350 trees to visually enhance the subdivision.
The motion CARRIED unanimously.
AGENDA ITEM#39 - PUBLIC HEARING ON A THE SUNRIDGE CANYON COMPREHENSIVE SIGN
PLAN. SUNRIDGE CANYON LLC IS PROPOSING TO ENLARGE THE PROJECT ENTRY
MONUMENTATION SIGNS FROM 60 SQUARE FEET TO 120 SQUARE FEET; INCREASE THE
NUMBER AND SIZE OF SUBDIVISION FROM ONE-24 SQUARE FOOT SIGN TO TWO-35 SQUARE
FOOT SIGNS; INCREASE THE SIZE OF THE GOLF COURSE FREESTANDING SIGN FROM 24
SQUARE FEET TO 40 SQUARE FEET;ALLOW TWELVE-4 SQUARE FOOT"IMAGE"SIGNS;ALLOW
FIFTEEN-45 SQUARE FOOT ON-SITE DIRECTIONAL SIGNS;THEMATIC TRAFFIC CONTROL AND
STREET SIGNS; AND SIX-60 SQUARE FOOT OFF-SITE DIRECTIONAL SIGNS; #SU95-06.
Mayor Cutillo recessed the Regular Session of the Town Council and opened the public hearing at 8:50 P.M. No
one came forward to speak for or against the comprehensive sign plan of Sunridge Canyon LLC. Mayor Cutillo
declared the public hearing closed and reconvened the Regular Session of the Town Council at 8:51 P.M.
AGENDA ITEM#40-CONSIDERATION OF A SPECIAL USE PERMIT FOR THE SUNRIDGE CANYON
COMPREHENSIVE PLAN; #SU95-06.
Mr.Nordin reviewed the compromised package recommended by the Planning and Zoning Commission for off-site
signs in the Town's right-of-ways. He stated approval of this special use permit could create additional problems
and concerns relative to procedures established relative to signage,especially off-premise signage. He suggested the
Council continue discussion of the stipulation regarding off-premise signage to a later date,possibly the next Council
meeting, August 17th. He complimented the Planning &Zoning Commission for their efforts in working with the
developer.
Mayor Cutillo MOVED to approve the request for a special use permit for Sunridge Canyon's comprehensive sign
plan and to follow the directions recommended by the Planning & Zoning Commission. Vice Mayor Clark
SECONDED the motion.
Councilman Lawrence referred to the staff recommendations on Page 7 regarding the 8' height of the entry
monument as being excessive and said he preferred a height of 6'. He then AMENDED the motion to include a
maximum height for the project entry monument to be 6'. Vice Mayor Clark SECONDED the amendment.
Vice Mayor Clark stated he noticed the size and height of some of the signs differed from the current ordinance and
preferred to change the ordinance rather than deviate from the regulations. Mr.Jeppson stated a 5' maximum height
standard was changed because of the size of this development
Ray Baldwin, Sunridge Canyon, showed pictures and illustrations of proposed signs for the project. He agreed to
change the entry monument to a 6' height by 20' long with 2' staggered lettering and pointed out areas where
mounding and natural landscaping was planned to enhance the signage.
A vote on the amendment to the motion CARRIED unanimously.
Mr. Jeppson stated staff was concerned about the sign content remaining neutral although the Planning &Zoning
Commission had made concessions for the Town to utilize a portion of the sign for advertising recreational facilities.
Minutes of the Regular Session of the Town Council 08/03/95
Page 11 of 13
He did not want to set a precedent for involvement with sign verbage other than time,place and manner. He was
concerned about regulating future developers' requests for signage.
r Councilman O'Brien asked Mr.Jeppson if his concern was the precedent set by approving one applicant's request
and then a future denial of another application for a special use permit if the basis of denial had anything to do with
the content of the sign. Mr.Jeppson stated that was one of his concerns. He said if the Town wanted to establish
directional information for visitors, the Town should install and maintain those signs as well as control the content
of those signs, not involve developers.
Mayor Cutillo AMENDED the motion to table Stipulation#7 for further discussion at the August 17, 1995 Council
meeting. Councilman Hudson SECONDED the motion which CARRIED unanimously.
A vote on the motion to approve the special use permit for Sunridge Canyon comprehensive sign plan CARRIED
unanimously.
AGENDA ITEM#41- 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 from the public.
AGENDA ITEM#42 - ADJOURNMENT.
Councilman Lawrence MOVED to adjourn the meeting. Councilman O'Brien SECONDED the motion which
CARRIED unanimously. The meeting adjourned at 9:42 P.M.
Minutes of the Regular Session of the Town Council 08/03/95
Page 12 of 13
TOWN OF FOUNTAIN HILLS
By:
Frank Clark, Vice Mayor
ATTEST: �-�� "-'
)1/4)714A4A--,--)
Cassie B. Hansen, Town Clerk
PREPARED BY: Gd/�c_ .0 _Lrniri c �
Linda D.Lemmen,Administrative 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 3rd day of August, 1995. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 17th day of August, 1995.
CAU1/1A
Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 08/03/95
Page 13 of 13