HomeMy WebLinkAbout1996.1003.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
OCTOBER 3, 1996
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30
P.M., Thursday, October 3, 1996, in the Fountain Hills Town Hall Council Chambers, located at 16836 E.Palisades
Blvd., Building B, Fountain Hills, Arizona.
ROLL CALL-Following the pledge to the flag by Brownie Troop#1059 Color Guard members and the invocation
by Pastor Don Schrage from the Trinity Lutheran Church, roll call was taken. Present for roll call were the
following members of the Fountain Hills Town Council: Mayor Jerry Miles, Vice Mayor Lawrence and
Councilmembers Bill O'Brien, Marianne Wiggishoff, Sid Apps, Al Poma and Penfield Mower. Also present were
Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Director of Community
Development Gary Jeppson, Town Engineer Randy Harrel, and Planner Jeff Valder.
Mayor Miles read the Consent Agenda which consisted of the following agenda items:
AGENDA ITEM#2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF SEPTEMBER
19TH AND 25TH, 1996.
AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE
CHAMBER OF COMMERCE FOR THE ANNUAL FOUNTAIN FESTIVAL OF ARTS AND CRAFTS TO
BE HELD ON FRIDAY,SATURDAY AND SUNDAY,NOVEMBER 8,9 AND 10,1996. THE EVENT WILL
REQUIRE CLOSURE OF THE AVENUE OF THE FOUNTAINS AND SAGUARO BOULEVARD FROM
EL LAGO BOULEVARD TO PARKVIEW.
AGENDA ITEM#4-CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY
ALBERT POMA FOR A CHARITY FUND RAISER TO BE HELD ON SUNDAY, OCTOBER 20, 1996
FROM 4:00 P.M.TO 9:00 P.M. THE EVENT WILL BE HELD AT POMA'S RISTORANTE AND LOUNGE
LOCATED AT 11056 NORTH SAGUARO BOULEVARD.
AGENDA ITEM#5-CONSIDERATION OF AN SPECIAL EVENT REQUEST SUBMITTED BY SERGIO
HORCOS FOR THE"CONCERNED CITIZENS FOR ZACH MCCONNELL"ORGANIZATION TO RAISE
FUNDS FOR ZACH'S MEDICAL EXPENSES. THE EVENT,TO BE HELD ON SUNDAY,OCTOBER 6,
1996 FROM 10:00 A.M. TO 6:00 P.M.IN FOUNTAIN PARK,WILL INCLUDE LIVE BANDS AND FOOD
BOOTHS. CLOSURE OF EL LAGO BOULEVARD FROM THE VILLAGE BAZAAR PARKING LOT
ENTRYWAY TO KIWANIS DRIVE WILL BE REQUIRED TO INSURE PEDESTRIAN SAFETY.
AGENDA ITEM#6-CONSIDERATION OF RESOLUTION 1996-69,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE SOUTHERLY PROPERTY LINES OF LOT 5, BLOCK 5, PLAT 102 (13635
N.HAMILTON DRIVE),AS RECORDED IN BOOK 142 OF MAPS,PAGE 12,RECORDS OF MARICOPA
COUNTY, ARIZONA; (KAUFFMAN - EA96-42); WITH STIPULATIONS.
AGENDA ITEM#7-CONSIDERATION OF RESOLUTION 1996-70,ABANDONING WHATEVER RIGHT,
TITLE,OR INTEREST THE TOWN HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY WITHIN
MIRAGE COVE CONDOMINIUMS,AS RECORDED IN BOOK 158 OF MAPS,PAGE 20,RECORDS OF
MARICOPA COUNTY, ARIZONA. (NORTHSTAR CONTRACTORS - EA96-41)
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AGENDA ITEM #8 - CONSIDERATION OF THE PROPOSED TWO UNIT CONDOMINIUM PROJECT,
ASHBROOK CONDOMINIUMS II,LOCATED AT 16713 N.ASHBROOK DRIVE,_AKA FINAL PLAT 111,
BLOCK 15, CASE NUMBER S96-41.
AGENDA ITEM#9 - CONSIDERATION OF THE PROPOSED TWO UNIT CONDOMINIUM PROJECT,
CAMEO CONDOMINIUMS, LOCATED AT 14008 CAMEO DRIVE, AKA FINAL PLAT 104, BLOCK 2,
LOT 19, CASE NUMBER S94-42
AGENDA ITEM #10 - CONSIDERATION OF THE FINAL REPLAT OF LOTS 16 AND 17 OF THE
SUNRIDGE CANYON PARCEL "N-WEST PHASE 1"SUBDIVISION,LOCATED ON THE NORTHEAST
CORNER OF MESQUITE LANE AND FAIRY DUSTER COURT, CASE NUMBER S96-043.
Vice Mayor Lawrence MOVED to approve the Consent Agenda as read. Councilwoman Wiggishoff SECONDED
the motion. A roll call vote was taken with the following results:
Councilwoman Wiggishoff Aye
Councilman Apps Aye
Councilman Mower Aye
Councilman O'Brien Aye
Vice Mayor Lawrence Aye
Mayor Miles Aye
Councilman Poma Abstained
The motion CARRIED.
AGENDA ITEM #11 - PRESENTATION OF PLAQUES OF APPRECIATION TO PLANNING AND
ZONING COMMISSIONERS DANA SAAR AND CHRIS PLUMB FOR THEIR SERVICE ON THE
PLANNING AND ZONING COMMISSION.
Mayor Miles presented Chris Plumb with a plaque in appreciation for his hard work and dedicated service to the
Planning and Zoning Commission from 1995 to 1996.
AGENDA ITEM #12 - PRESENTATION BY THE "YES" GROUP TO THE TOWN COUNCIL
SIGNIFYING APPRECIATION FOR THEIR RECENT FINANCIAL SUPPORT TO THE SCHOOL
DISTRICT.
Kimberly Myers thanked the Council for the financial support to the School District and presented t-shirts to the
Council members from the "Yes" Group.
AGENDA ITEM #13 - UPDATE ON THE STREET MAINTENANCE YARD IMPROVEMENTS.
Town Engineer Randy Harrel informed the Council of the progress to date regarding the street maintenance yard
located on Falcon Drive. He reported a masonry wall had been constructed around the premises, asphalt millings
were placed as a ground surface,exterior landscaping work,paved driveways and the installation of utilities had been
completed. He stated the next step would be the bid process for a 2500 square foot maintenance and storage
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building. He estimated advertising for bids in two weeks, awarding the bid in December and completion of the
building in February or March.
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AGENDA ITEM#14-CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY RURAL
METRO AND THE FIRE DISTRICT FOR A PUBLIC SAFETY DAY TO BE HELD ON SATURDAY,
OCTOBER 12, 1996 FROM 10:00 A.M.TO 3:00 P.M. THE EVENT,WHICH WILL OCCUPY PORTIONS
OF SAGUARO BOULEVARD AND FOUNTAIN PARK,WILL REQUIRE THE CLOSURE OF SAGUARO
BOULEVARD FROM EL LAGO BOULEVARD TO PARKVIEW AVENUE.
Town Manager Paul Nordin said he had received petitions and concerns from business owners on the Avenue of the
Fountains regarding the closure of Saguaro Boulevard for Saturday, October 12th. Town Clerk Cassie Hansen said
Marshal Gendler had requested the closure of Saguaro Boulevard to insure pedestrian safety. She stated Rural Metro
was willing to move their event to the south end of Fountain Park and use the vacant property south of El Lago for
parking. Tammy Rothermel, representing Rural Metro, said she preferred the closure of Saguaro Blvd. but was
willing to relocate to the south end of the park. She reviewed the events and displays that were planned for the
Public Safety Day. Phyllis Kern suggested other areas in Town could be selected for the event rather than closing
Saguaro Boulevard. Relden Schirch also opposed the closure of Saguaro Boulevard.
Vice Mayor Lawrence MOVED to approve the Special Event request from Rural Metro with the stipulation that the
event be held at the south end of Fountain Park with the parking to be located at the El Lago area. Councilwoman
Wiggishoff SECONDED the motion. Councilman Apps expressed his empathy with the business owners at the
Avenue of the Fountains and said he would support the relocation of this event. The motion CARRIED
unanimously.
AGENDA ITEM #15 - CONSIDERATION OF TOWN SPONSORSHIP FOR AN APPLICATION TO
DESIGNATE THE TWO SECTIONS OF STATE LAND LOCATED NORTH OF FOUNTAIN HILLS AS
"LAND TO BE PRESERVED" UNDER THE RECENTLY ADOPTED STATE PRESERVATION
INITIATIVE.
Mr. Nordin told the Council that Mr.Jack Fraser had been appointed to the State Land Conservation Task Force and
that Mr.Fraser had worked to get the McDowell Indian Community and the McDowell Park Association along with
the Town to apply to designate two sections for land preservation. Mayor Miles reviewed the staff report which
provided for the State to grant a 3-5 year window in which the Town could organize a preservation plan with a
possible three-year extension period. Councilman O'Brien suggested the funds should be provided as part of the
five-year Capital Improvements Plan. Mr. Fraser stated the application and $1,000 application fee would not bind
the applicants to any financial commitment to purchase or lease the land in question.
Councilman Poma MOVED to approve the sponsorship of the application. Councilman Apps SECONDED the
motion. Mary Pilarinos asked for clarification. Mr. Fraser stated the recently approved House Bill 2555 had
provided for land preservation purposes and stated that since the two sections were unencumbered,he was optimistic
the application would be approved. The motion CARRIED unanimously.
AGENDA ITEM#16-CONSIDERATION OF TOWN PARTICIPATION AS "FOUNDERS" AS RELATES
TO THE FORMATION OF AN ARIZONA MUNICIPAL WORKERS' COMPENSATION POOL.
Mr. Nordin explained that the Town's participation in the initial program to create a risk pool for the purpose of
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providing workers compensation coverage did not obligate the Town to join the pool once it was formed.
Councilman Apps asked if there were any problems with the current workmens compensation carrier. Mr. Nordin
answered that there were no current problems, this would be a self-insured program, and that the Town had a good
safety record. Wally Hudson, the Town's Risk Manager, stated that the risk pool would guarantee no assessment
for the first three years and after that time, the pool would be significant enough to provide coverage. He said 38
states had successful liability pools. He noted this consideration would only be to indicate the Town's possible
interest in joining a self-insured risk pool.
Councilman Poma MOVED to direct staff to proceed with the Town's interest in the formation of a risk pool. Vice
Mayor Lawrence SECONDED the motion which CARRIED with a 6-1 vote. Councilman Apps cast the nay vote.
Mr. Nordin will include the formal resolution pertaining to the risk pool as part of the next Council meeting's
agenda.
AGENDA ITEM #17 - CONSIDERATION OF RESOLUTION 1996-68, DECLARING, PURSUANT TO
A.R.S. § 9-801, AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN
CLERK AND ENTITLED THE "TOWN OF FOUNTAIN HILLS SUBDIVISION ORDINANCE,OCTOBER
3, 1996". COUNCIL MAY ALSO CONSIDER AMENDMENTS TO THE TEXT OF ARTICLE V GRADING
STANDARDS.
Mayor Miles reviewed previous actions taken by the Council relative to the adoption of the revised Subdivision
Ordinance along with two amendments. Town Attorney Bill Farrell stated that the ordinance adopted by the Council
did not provide for the amendments as approved by the Council. He stated the Planning & Zoning Commission's
version of the Subdivision Ordinance would go into effect within 30 days and that the amendments would need to
be approved as included in Resolution 1996-68. Councilman Mower MOVED to approve Resolution 1996-68 as
presented. Councilwoman Wiggishoff SECONDED the motion.
Vice Mayor Lawrence asked Mr. Farrell for clarification of several issues. Mr. Farrell advised the Council that the
approved Subdivision Ordinance revisions did not legally constitute a "taking" of property and that if the Council
were to change the ordinance to exclude the roadways from the disturbance calculations, the effect would result in
a more defendable ordinance.
Vice Mayor Lawrence said the Eagles Nest case study using the Mower amendment was more restrictive. Vice
Mayor Lawrence MOVED to amend the Mower amendment to exempt from the grading standards of the Subdivision
Ordinance, the grading within streets,right-of-ways and private street tracts as well as any roadway grading outside
of the street right-of-ways or private street tract that is required by the Town Engineer. The roadway grading is to
be excluded in both lot by lot hillside protection option and the hillside transfer and protection option. Councilman
Apps SECONDED the amendment. Councilman Mower stated the ordinance should not fit the development rather
it should set the standard for developers to use when figuring calculations. He said he opposed Vice Mayor
Lawrence's amendment because it permitted more disturbance of the desert as well as the reference to construct
private roads. Councilwoman Wiggishoff suggested exempting grading within the rights-of-way in the lot by lot
option to retain control rather than delegate the authority to the Town Engineer.
Councilman Mower MOVED to amend Vice Mayor Lawrence's amendment to apply the exemption from the grading
standards only to the lot by lot option. Councilman O'Brien SECONDED the amendment. Vice Mayor Lawrence
said that if the lot by lot option was used,larger parcels would not be preserved as intended by the hillside protection
option. Councilman O'Brien stated the theory behind the Mower amendment was workable but the allowance
calculated according to the slope by percentage was more restrictive than intended. Mayor Miles said the intent was
to restrict higher levels of sloped property. Director of Community Development Gary Jeppson and Town Engineer
Randy Harrel reviewed the case study calculations. Planner Jeff Valder presented comparisons of land disturbance
in a 1000-acre project showing the impact of the Mower amendment with and without roadways exemption,the P&Z
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Commission's version,and the O'Brien amendment as previously presented. He said the Mower amendment without
the exemption provided for the least amount of disturbance. Vice Mayor Lawrence reiterated that the case study
using the Eagles Nest Subdivision was only used to show the amount of land disturbance which would be allowed
1411110. when calculations were made using the various alternatives. Councilman Mower said the Subdivision Ordinance
should be restrictive enough to preserve the mountains and that would be accomplished using his amendment with
the graduated slope standards. Vice Mayor Lawrence said a balance was needed to preserve the mountains as well
as the respect of property rights of others. Councilman Poma suggested that staff would have problems with
calculations and that the original version as presented from the Planning&Zoning Commission should be considered.
Sharon Hutcheson pointed out she thought that the Mower Amendment was not objectionable and that according to
a recent survey regarding preservation 98% of those surveyed were in favor of preservation of the mountains.
Margaret Gelinas supported the Lawrence amendment to exempt roadways and said it would allow builders to
construct larger homes on larger parcels. Richard Jellies, a member of the P&Z Commission, said he thought the
Council acted too fast when an amendment to the Subdivision Ordinance was approved which the public had not
been given an opportunity to review. David Montgomery urged the Council not to make the ordinance more
restrictive as it affected the economics of the Town. He suggested the degree of the slopes was difficult to measure
and the Council should approve an easier process to make calculations for hillside protection easements easier. Bruce
Hansen, Chairman of the P&Z Commission, expressed his support for the original version as submitted by the P&Z
Commission. He suggested the public should be allowed additional input to the recent,newly developed amendments
at a joint meeting with the P&Z Commission and the Council prior to approving the Subdivision Ordinance. Roy
Kinsey, a representative of the McDowell Preservation Commission, urged the Council to approve the original
version as submitted by the P&Z Commission for a six month trial period to see what effects it would have on
developers. Dick Shero asked for clarification and Mayor Miles responded by relating that existing lots would not
be affected. David Craig felt there was a hidden agenda in the decision of the Subdivision Ordinance and that the
desert areas would not be preserved.
Mayor Miles invited MCO President Jim Flynn to speak. Mr. Flynn reported that Attorney Paul Gilbert would be
speaking on behald of MCO. Paul Gilbert, representing MCO Properties, asked the Council to consider approving
fillw the exemption of roadways and road slopes from disturbance calculations in both the lot by lot option as well as the
hillside protection option. He said it was a small concession for the Council to make this minor change. He stated
MCO could adhere to the original version of the Subdivision Ordinance which was approved by the P&Z
Commission which would allow 15% of disturbance versus 12% using the Mower amendment. He pointed out that
every jurisdiction in the county that he was familiar with had allowed for the exemption of roads from disturbance
calculations. He stated that if the roads were exempted from the ordinance, MCO would withdraw all objections
and support the ordinance. He also urged the Council to consider the restrictions on slope transfers to permit
transfers to steeper slopes (up) as well as less steeper slopes (down). He said this would prevent lots from being
rendered undevelopable,setbacks would be conformed,wash preservation would continue,and the location of homes
on larger lots would be more centrally located.
Ed Kehe said he was concerned that the original version had been watered down and urged the Council to get
comparison from other proposed subdivisions. Chris Plumb said he favored the version of the Subdivision Ordinance
that was submitted by the P&Z Commission. Mary Pilarinos urged the Council to vote with the community, not
MCO.
Councilwoman Wiggishoff asked Mr.Jeppson if the staff had found loopholes in the Lawrence amendment in terms
of disturbance calculations. Mr.Jeppson stated the Town Engineer would calculate disturbances outside of the right-
of-ways. Councilman O'Brien said he favored the exclusion of roadways from calculations on both options.
A roll call vote was taken on the amendment to the Lawrence amendment which would limit disturbance calculations
for roadways only on the lot by lot option. The vote resulted in a 2-5 vote. Councilman Mower and Councilwoman
Wiggishoff cast the aye votes. The amendment FAILED.
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A roll call vote was then taken on the Lawrence amendment and CARRIED with a 6-1 vote. Councilman Mower
cast the nay vote.
A roll call vote was then taken on Resolution 1996-68 which included the Mower amendment (#2) as amended by
the Lawrence amendment along with the amendment (#4) which dealt with clarification matters. The motion
CARRIED unanimously.
Mayor Miles recessed the Regular Session for five minutes. He reconvened the meeting and presented Dana Saar
with a plaque of appreciation for his service on the P&Z Commission.
AGENDA ITEM #18 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON PROPOSED
AMENDMENTS TO THE OFFICIAL ZONING DISTRICT MAP OF THE ZONING ORDINANCE FOR THE
TOWN OF FOUNTAIN HILLS THAT INCLUDE THE REZONING 28.59 ACRES FROM "R1-6" TO "R-5
PLANNED UNIT DEVELOPMENT" AND 18.2 ACRES FROM "R1-6" TO OPEN SPACE
RECREATIONAL("OSR"),LOCATED WEST OF PALISADES BOULEVARD AND SOUTH AND WEST
OF SUNRIDGE DRIVE, CASE NUMBER Z96-16.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:55 p.m. Mr.
Jeppson stated the 46.79 acres was part of the 106 acres which had been annexed from Scottsdale. The applicant
desired to build 108 condominium units, a hotel and nine tennis courts. He stated the P&Z Commission had
approved the zoning request with the stipulations that the preliminary plat be approved by the Town Council, that
no more than 108 condominium units in 27 buildings be constructed,that the maximum building height be restricted
to thirty feet and that no more than 80% of the minimum allowable disturbance in the R1-6 zoning district be
permitted in this development. Mr. Jeppson stated that the applicant had not agreed to the fourth stipulation
regarding the 80% hillside disturbance. The applicant desired an 85% allowance.
Mr.Becker-Jones addressed the Council and described a layout of his project. Bruce Hansen, Chairman of the P&Z
Commission, explained that the Commission had recommended the 80% in an effort to assure that the developer
would adhere to stricter stipulations.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 9:10 p.m.
AGENDA ITEM#19-CONSIDERATION OF ORDINANCE 96-40,AMENDING THE OFFICIAL ZONING
DISTRICT MAP OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS THAT
INCLUDES THE REZONING 28.59 ACRES FROM "R1-6" TO "R-5 PLANNED UNIT DEVELOPMENT"
AND 18.2 ACRES FROM "R1-6" TO OPEN SPACE RECREATIONAL ("OSR"), LOCATED WEST OF
PALISADES BOULEVARD AND SOUTH AND WEST OF SUNRIDGE DRIVE, CASE NUMBER Z96-16.
Councilwoman Wiggishoff MOVED to approve Ordinance 96-40 which included the four stipulations as presented.
Councilman Poma SECONDED the motion.
Councilman O'Brien MOVED to amend Ordinance 96-40 by deleting Stipulation #4. Councilman Poma
SECONDED the amendment. Councilwoman Wiggishoff asked the applicant if he could develop his property with
the inclusion of Stipulation#4. Mr. Becker-Jones answered affirmatively. Councilman O'Brien WITHDREW his
amendment and Councilman Poma WITHDREW his second to the amendment.
The motion to approve Ordinance 96-40 with four staff stipulations CARRIED unanimously per a roll call vote.
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AGENDA ITEM #20 - PUBLIC HEARING ON AN APPLICATION FOR A SPECIAL USE PERMIT
SUBMITTED BY SUN TECH DEVELOPMENT LLC TO PERMIT A HOTEL IN AN "R-5" ZONING
DISTRICT AND TO PERMIT PRIVATE STREETS IN THE PROPOSED CONDOMINIUM PORTION OF
THE PROPOSED 46.79 ACRE COPPERWYND DEVELOPMENT, LOCATED WEST OF PALISADES
BOULEVARD AND SOUTH AND WEST OF SUNRIDGE DRIVE, CASE NUMBER SU96-05.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 9:12 p.m. Mr.
Jeppson stated the special use permit would allow for construction of 35 casita-hotel units as well as eleven tennis
courts or nine courts with a community activities building. No one from the public spoke for or against the
application. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 9:13
p.m.
AGENDA ITEM #21 - CONSIDERATION OF AN APPLICATION FOR A SPECIAL USE PERMIT
SUBMITTED BY SUN TECH DEVELOPMENT LLC TO PERMIT A HOTEL IN AN "R-5" ZONING
DISTRICT AND TO PERMIT PRIVATE STREETS IN THE PROPOSED CONDOMINIUM PORTION OF
THE PROPOSED 46.79 ACRE COPPERWYND DEVELOPMENT, LOCATED WEST OF PALISADES
BOULEVARD AND SOUTH AND WEST OF SUNRIDGE DRIVE, CASE NUMBER SU96-05.
Councilman Poma MOVED to approve the special use permit as submitted. Councilwoman Wiggishoff
SECONDED the motion which CARRIED unanimously. Councilman Apps asked about the permitted hours of
operation for the lights for the tennis courts. Mr. Jeppson stated the lights were allowed until 10:00 p.m. except
when an event was scheduled, the lights could operate until 11:00 p.m.
AGENDA ITEM #22 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE PROPOSED 46.79
ACRE COPPERWYND DEVELOPMENT,LOCATED WEST OF PALISADES BOULEVARD AND SOUTH
AND WEST OF SUNRIDGE DRIVE, CASE NUMBER S96-029.
Mr. Jeppson pointed out that the extension of Palomino Drive (to be named Copperwynd Drive) was in Scottsdale
and that construction completion assurances were required as one of the stipulations for the preliminary plat approval.
He stated an additional stipulation included the water system development required the approval of the Town
Engineer. He said the four stipulations had been agreed upon by the developer. Councilman O'Brien asked if the
parking space allotment met the code. Town Engineer Harrel replied that one parking space was sufficient for each
one-bedroom casita.
Vice Mayor Lawrence MOVED to approve the preliminary plat for the Copperwynd Development. Councilman
O'Brien SECONDED the motion. Councilman Mower asked who would build the Palomino extension. Mr.Jeppson
stated that either the applicant or MCO would construct the road which would not be tied to the subdivision. Town
Engineer Harrel told the Council that all road specifications would be required to meet the Town's standards and
that the roadway and right-of-way dedication would be resolved before the approval of the final plat. The motion
CARRIED unanimously.
AGENDA ITEM #23 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON A PROPOSAL TO
REZONE 2.71± ACRES OF LAND WITHIN THE PROPOSED PARCEL "M" SUBDIVISION OF THE
SUNRIDGE CANYON DEVELOPMENT FROM "OSR" TO THE "RI-10A" ZONING DISTRICT, SO
THAT ALL OF THE NON-LOTTED TRACTS OF LAND WITHIN THE PROPOSED SUBDIVISION WILL
BE LOCATED WITHIN THE "OSR" ZONING DISTRICT, AND; A PROPOSAL TO REZONE 1.05±
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ACRES OF LAND LOCATED WITHIN THE PROPOSED PARCEL "M" SUBDIVISION OF THE
SUNRIDGE CANYON DEVELOPMENT FROM "R1-10A" TO THE "OSR" ZONING DISTRICT, SO
THAT ALL OF LOTS 1 THROUGH 17 WILL BE LOCATED WITHIN THE "R1-10A" ZONING
(4110, DISTRICT, CASE NUMBER Z95-24.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 9:21 p.m. Planner
Jeff Valder stated this rezone request was an attempt to rezone small portions of Parcel "M" because changes had
been made by the applicant. No one came forward to speak for or against the rezone request. Mayor Miles closed
the public hearing and reconvened the Regular Session of the Town Council at 9:22 p.m.
AGENDA ITEM #24 - CONSIDERATION OF ORDINANCE 96-41, REZONING 2.71± ACRES OF LAND
WITHIN THE PROPOSED PARCEL"M"SUBDIVISION OF THE SUNRIDGE CANYON DEVELOPMENT
FROM"OSR"TO THE"R1-10A"ZONING DISTRICT,SO THAT ALL OF THE NON-LOTTED TRACTS
OF LAND WITHIN THE PROPOSED SUBDIVISION WILL BE LOCATED WITHIN THE "OSR"
ZONING DISTRICT, AND; A PROPOSAL TO REZONE 1.05* ACRES OF LAND LOCATED WITHIN
THE PROPOSED PARCEL "M" SUBDIVISION OF THE SUNRIDGE CANYON DEVELOPMENT FROM
"R1-10A" TO THE "OSR" ZONING DISTRICT, SO THAT ALL OF LOTS 1 THROUGH 17 WILL BE
LOCATED WITHIN THE "R1-10A" ZONING DISTRICT, CASE NUMBER Z95-24.
Councilman Apps MOVED to approve Ordinance 96-41. Vice Mayor Lawrence SECONDED the motion which
CARRIED unanimously.
AGENDA ITEM#25 - CONSIDERATION OF THE FINAL REPLAT OF SUNRIDGE CANYON PARCEL
"M", A 15.22 ACRE, 17-LOT SUBDIVISION LOCATED NORTHWEST OF SUNRIDGE DRIVE AND
NORTH OF THE DRIVING RANGE OF THE SUNRIDGE CANYON GOLF COURSE, CASE NUMBER
S94-120.
Vice Mayor Lawrence MOVED to approve the final replat of Sunridge Canyon Parcel "M". Councilman Apps
SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #26 - CONSIDERATION OF RESOLUTION 1996-71, ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST THE TOWN HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY
AND DRAINAGE EASEMENTS WITHIN LOT 70, PLAT 512 (15435 N. CABRILLO DRIVE), AS
RECORDED IN BOOK 373 OF MAPS,PAGE 42,RECORDS OF MARICOPA COUNTY,ARIZONA,WITH
STIPULATIONS. (COMBS - EA96-40)
Town Engineer Harrel explained that the applicant needed the approval of this abandonment in order to proceed with
plans for a primary home with a guest home. Mayor Miles asked if the abandonment request was being submitted
prematurely and suggested the Council should have been given the plans for the development prior to an
abandonment request. Mr. Harrel indicated that the abandonment of the easement could be approved regardless of
future development. Vice Mayor Lawrence asked Mr. Harrel to confirm that if the Council would not be obligated
to grant future requests based upon the approval of this abandonment. Mr. Harrel stated Vice Mayor Lawrence was
correct. Mr. Jeppson stated that the current zoning classification did not permit guest houses. Mayor Miles said he
was concerned about sending a signal regarding any future requests and would oppose this abandonment request.
Vice Mayor Lawrence MOVED to approve Resolution 96-71 as presented. Councilwoman Wiggishoff SECONDED
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Page 8 of 10
the motion which CARRIED with a 4-3 vote. Mayor Miles, Councilmen Apps and Mower cast the nay votes.
AGENDA ITEM #27 - CALL TO THE PUBLIC.
Margaret Gelinas, a member of the P&Z Commission, invited the Council to a work/study session of the P&Z
Commission on Tuesday, October 8th regarding amendments to the Zoning Ordinance to make it conform to the
adopted Subdivision Ordinance.
Town Engineer Randy Harrel assured the Council that exemptions to roadway grading would minimize hillside
disturbance and that requirements would not exceed more than a 3-1 fill slope and a 2-1 cut slope unless a guardrail
was required.
AGENDA ITEM #28 - ADJOURNMENT.
Vice Mayor Lawrence MOVED to adjourn the meeting. Councilman Poma SECONDED the motion which
CARRIED unanimously. The meeting adjourned at 9:31 p.m.
TOWN OF FOUNTAIN HILLS
By: 2./--)
1 l - JMiles, Mayor
A1-1'p,ST: ClI ti- 1� .,'►'4 .
Cassie B. Hansen, Town Clerk
PREPARED BY:
Linda D. Lemnien, 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 October, 1996. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 17th day of October, 1996.
Cassie B. Hansen, Town Clerk
Laie Minutes of the Regular Session of the Town Council 10/03/96
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