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HomeMy WebLinkAbout1997.0918.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 18, 1997 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30 P.M., Thursday, September 1, 1997, 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 Cub Scouts Christopher Meyers, David Killian, Jonathan Thomas, Thomas Herring and Michael Krause of Webelos 1, Panther Patrol, Den 243 and the invocation by Father Tot O'Dea of the Church of the Ascension, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jerry Miles, Vice Mayor Bill O'Brien and Councilmembers Don Lawrence, Marianne Wiggishoff, Sid Apps, and Penfield Mower. Councilman Poma was absent. 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 Planners Jeff Valder and Geir Sverdrup. Mayor Miles read the Consent Agenda which consisted of the following agenda items: AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF AUGUST 14TH AND SEPTEMBER 4T", 1997. AGENDA ITEM #2 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE FOUNTAIN HILLS FIRE DEPARTMENT FOR A PUBLIC SAFETY DAY SCHEDULED FOR SATURDAY, OCTOBER 11, 1997, FROM 10:00 A.M. TO 3:00 P.M. THE EVENT WILL TAKE PLACE IN FOUNTAIN PARK. AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE CIVIC ASSOCIATION FOR OCTOBERFEST. A "FAMILY FUN EVENT" SCHEDULED FOR SATURDAY, OCTOBER 11, 1997 FROM 5:30 P.M. TO 10:00 P.M. THE EVENT WILL BE HELD IN THE PARKING LOT BETWEEN MR. G'S AND THE AMERICAN LEGION BUILDING. AGENDA ITEM #4 - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY THE AMERICAN LEGION FOR OCTOBERFEST TO BE HELD SATURDAY, OCTOBER 11. 1997 FROM 9:00 A.M. TO 11:00 P.M. AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 1997-45, ADOPTING A UNIFORM BOND,PENALTY AND DIVERSION FEE SCHEDULE FOR THE MUNICIPAL COURT. AGENDA ITEM #6 - CONSIDERATION OF THE FINAL PLAT FOR THE SUNRIDGE CANYON PARCEL K SUBDIVISION, A 22.075-ACRE, 37 LOT SINGLE-FAMILY SUBDIVISION LOCATED EAST OF SUNRIDGE DRIVE AND NORTH OF DESERT CANYON DRIVE, CASE NUMBER S96- 048. Councilwoman Wiggishoff MOVED to approve the Consent Agenda as presented. Councilman Mower SECONDED the motion. A roll call vote was taken with the following results: Town Council Minutes—9/18/97 Page 1 of 12 Councilman Apps Aye Councilman Lawrence Aye Councilman Mower Aye Vice Mayor O'Brien Aye Councilwoman Wiggishoff Aye Mayor Miles Aye The motion CARRIED. AGENDA ITEM #7 - CONSIDERATION OF THE TOWN COUNCIL APPOINTING CURTIS DUNHAM TO THE MC DOWELL MOUNTAIN PRESERVATION COMMISSION TO FILL THE UNEXPIRED TERM OF JAMES CARROLL. Roy Kinsey, Chairman of the McDowell Mountain Preservation Commission suggested the appointment of Curtis Dunham would greatly assist the financial aspect of the Commission as a replacement for resigned member Jim Carroll. He said Mr. Dunham was currently out of town but had agreed to modify his schedule to enable him to attend Commission meetings. Councilman Apps MOVED to appoint Curtis Dunham to the McDowell Mountain Preservation Commission. Councilman Mower SECONDED the motion. Councilman Lawrence asked why this appointment wasn't part of an application/interview procedure similar to what Parks & Recreation and Planning & Zoning Commissions followed to allow an opportunity for resident participation. Town Manager Nordin stated this appointment had been filled from the recommendation of the McDowell Mountain Preservation Commission. Councilwoman Wiggishoff agreed that the Commission should advertise for the appointed position for the next vacancy. Mr. Kinsey confirmed that at the present time there was another vacancy created by the resignation of John Wyman and offered to advertise and interview for that position. It was the consensus of the Council to make any future vacancies on the McDowell Mountain Preservation Commission subject to advertising and interviewing along with submitting a recommendation from the Commission to the Council. • The motion CARRIED unanimously. AGENDA ITEM#8 - DISCUSSION CONCERNING THE INSTALLATION OF TRAFFIC CONTROL DEVICES INCLUDING, BUT NOT LIMITED TO, STOP SIGNS AND SPEED HUMPS ON INCA DRIVE, HAWK DRIVE, LA MONTANA, CHAMA AND ARROYO VISTA; WITH POSSIBLE DIRECTION TO STAFF. Town Manager Paul Nordin displayed a street map and identified the areas in question. He explained that some streets, specifically Sierra Madre Drive and Sunridge Drive, had been designed not to empty out or front onto main thoroughfares which provided for traffic safety. However, in existing roadways such as the Inca-Hawk corridor and the Arroyo Vista-La Montana corridor, numerous complaints had been received about increased cut- through traffic and speeding. Since these corridors emptied onto major roadways, neighborhood concerns had elevated and additional traffic control devices were needed as well as stricter enforcement of speed limits. He anticipated this situation would worsen with increased population in the Town. In response to citizen complaints, Mr. Nordin said staff had developed a plan to install all-way stop signs on a trial basis at Arroyo Vista-La Montana, Arroyo Vista-Chama and Arroyo Vista-Hawk as well as install speed humps or some kind of traffic calming mechanism at the Inca-Hawk intersection. He anticipated future problems at other corridors in Town and stated staff would be continually studying traffic flows. Town Council Minutes—9/18/97 Page 2 of 12 He called the Council's attention to a petition received earlier in the week from residents of Lamont Street who were concerned about the possibility of prohibited left turns off Hawk at Saguaro by the blocking of the median at that location. Mr. Nordin said Council approval was not required to facilitate the installation of traffic control devices but that staff was looking for direction from the Council. Councilman Apps supported the staff's trial plan and suggested "artfully done"crosswalks be installed in the Arroyo Vista area as well. Councilman Mower said residents of Arroyo Vista had contacted him relative to recent accidents and suggested washboard-type strips be installed to slow down traffic before the intersection. Ralph Truax and Ralph Marnell suggested a barrier at the westerly end of Arroyo Vista by Fountain Hills Boulevard to force traffic to use the frontage road thereby eliminating cut-through traffic. They also suggested that Arroyo Vista be striped. Russell Lingruen, a resident at Lamont Street, stated his concerns about blocking left hand turns at Hawk-Saguaro. Mr. Nordin assured Mr. Lingruen that the option to block left turns had been eliminated. Rick Melendez, a resident of Hawk Drive, supported the additional traffic control devices proposed by staff. Mayor Miles stated since there was no need for formal Council approval staff's plan, staff should proceed. AGENDA ITEM #9 - CONSIDERATION OF A PRELIMINARY AND A FINAL PLAT FOR "SUNFLOWER CONDOMINIUMS II" A FOUR UNIT CONDOMINIUM PROJECT LOCATED AT 15934 E.SUNFLOWER DRIVE,AKA LOT 11,BLOCK 1,FINAL PLAT 601-A, CASE#S97-041. Planner Geir Sverdrup stated this four-unit condominium complex was almost completed and that both the Preliminary and Final Plat were being submitted at the same time because there were no outstanding issues with this project. Councilman Mower asked if this project had originally applied for as an apartment building. Mr. Sverdrup stated that the building permit had been issued for an apartment building but that the applicant was now requesting condominiumization of his project at this time. Councilman Lawrence MOVED to approve the Preliminary and Final Plat for Sunflower Condominiums II, Case #S97-041. Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #10 - CONSIDERATION OF A PRELIMINARY AND A FINAL PLAT FOR "MOSLEY CONDOMINIUMS" A TWO UNIT CONDOMINIUM PROJECT LOCATED AT 16704 ASHBROOK DRIVE,AKA LOT 23,BLOCK 1,FINAL PLAT 104, CASE#S97-037. Mr. Sverdrup stated both the Preliminary and Final Plat were being presented for Mosley Condominiums, a two- unit project. Councilman Lawrence MOVED to approve the Preliminary and Final Plat for Mosley Condominiums, Case #S97-037. Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #11 - CONSIDERATION OF AN EXTENSION OF A SPECIAL USE PERMIT FOR THE 35 UNIT HOTEL FACILITY AT THE PROPOSED COPPERWYND PROJECT LOCATED ON LOT#1 OF THE COPPERWYND PROJECT. CASE#SU96-05. Director of Community Development Gary Jeppson explained that the applicant was originally issued a special use permit in October of 1996, the permit was extended for six months on April 4, 1997 to October 4, 1997, and tikw was now requesting an additional extension. He stated the special use permit provided for the construction of a Town Council Minutes—9/18/97 Page 3 of 12 35-room lodging facility which included a restaurant and tennis club facility. He said this extension would permit the applicant to build a lodging facility on the proposed project and that the applicant had informed staff just this afternoon of a reduction in the number of hotel units, from 35 to 20. Mayor Miles stated that the entire project had been approved based upon the construction assurance of a 35-unit lodging facility as well as a clubhouse and expressed his shock at the recent reduction. Geoffrey Becker-Jones, the developer for the project, stated he had adjusted the site to fit 50 casitas on the site and reduced the lodging facility units, although the site plans had not to date been finalized. Mayor Miles stated he didn't want to approve anything at this point because of this recent, most unexpected revision. Mr. Jones stated that staff had been kept up to date regarding the status of Otheir plans and that the site had been difficult to deal with in the planning stages. He said he would like to retain the ability to build up to 35 units but at the present time only 20 were planned. He offered to make a presentation of his present site plans. He stated nine tennis courts had been included along with a pavilion for use by the public. Councilman Mower expressed his anguish over the fact that the number of lodging units had been so recently reduced. Councilwoman Wiggishoff MOVED to continue discussion on this matter for two weeks to allow time for more information to be provided to the Council. Councilman Mower SECONDED the motion, which CARRIED with a 4 to 2 roll call vote. Councilman Lawrence and Apps cast the nay votes. AGENDA ITEM #12 - CONSIDERATION OF THE FINAL PLAT FOR THE COPPERWYND PROJECT, A 3 LOT, 2 TRACT SUBDIVISION LOCATED ON 45.9683 ACRES WEST OF PALISADES BOULEVARD AND SOUTH OF SUNRIDGE DRIVE, CASE#S96-029. Mr. Jeppson stated the three-lot subdivision with, two open space tracts, contained hillside protection easements to satisfy the requirements pursuant to the subdivision ordinance. Lot 1 was the site for the clubhouse. nine tennis courts and the casitas. He stated the western extension of Palomino Drive, which is under construction, would become Eagle Ridge Drive ultimately connecting with Via Linda in Scottsdale to provide an access road to Lot 1 of the project. He said staff recommended approval of the Final Plat. Mayor Miles asked if the denial of the special use extension would enter into the Final Plat. Mr. Jeppson stated the property was zoned R-5 and if the special use permit was not exercised, buildings would need to conform to that zoning. Councilman Mower MOVED to continue discussion regarding the Final Plat for two weeks until the extension of the special use permit was discussed. Councilman Apps SECONDED the motion. Vice Mayor O'Brien said he failed to see what the effects of the special use permit would have on the Final Plat, which was rendered compatible with the existing zoning. Councilman Lawrence said he opposed the continuation of discussions because the applicant had offered to present his site plan and was not granted that opportunity. The motion FAILED with a 3-3 roll call vote. Vice Mayor O'Brien,Councilwoman Wiggishoff and Councilman Lawrence cast the nay votes. Councilman Lawrence MOVED to approve the Final Plat for the Copperwynd project, Case #S96-029 as presented. Councilwoman Wiggishoff SECONDED the motion. Mayor Miles asked if all legal requirements had been met with respect to the Final Plat. Mr. Jeppson answered that the Engineering Department had approved the improvement plans. The motion CARRIED with a 4-2 roll call vote. Councilman Apps and Mower cast the nay votes. Vice Mayor O'Brien said the developer had offered a presentation and he wanted to see what had been planned to date. Councilwoman Wiggishoff MOVED to reconsider discussion regarding the special use extension for the Copperwynd project. Councilman Mower SECONDED the motion, which CARRIED with a 4-2 roll call vote. Councilman Apps and Mayor Miles cast the nay votes. Doug Fredrickson, architect for the developer, Mr. Becker-Jones displayed renderings of the latest revisions to current site and building plans which included a two-story clubhouse, five four-unit lodging facilities, extensive landscaping and a pavilion for future use of the public. He said vertical construction was planned for February 1998 after the infrastructure was completed with construction to be finished by December 1998. He told the Town Council Minutes—9/18/97 Page 4 of 12 Council this project would be a quality development but had encountered many grading challenges in the site plans. He apologized to the Council for the uncertainty as to the exact number of lodging units to be built but because he was still in a design stage it was difficult to commit to an exact number of units. Mayor Miles asked Mr. Fredrickson when he intended to apply for a building permit. Mr. Fredrickson answered he planned to apply in December of this year. Mayor Miles said he was utterly stunned and deeply concerned with the possibility that after construction of condos was completed, the construction of the lodging units would be cancelled. Mr. Fredrickson said Town staff was consistently updated and that Mr. Becker-Jones fully intended to build this project in its entirety. Councilwoman Wiggishoff asked what a denial of the special use permit meant relative to the construction of the clubhouse and/or pavilion. Vice Mayor O'Brien stated the Council had always approved construction projects, never mandated them. Mayor Miles stated that the approval of the condominiums would not have occurred if assurances of construction for the clubhouse and pavilion had not been declared. Councilman Apps agreed that changes needed to be further studied and thought discussion should continue at a later meeting as to the credibility of the applicant. Councilwoman Wiggishoff MOVED to table discussion regarding the special use permit extension for two weeks until the next council meeting on October 2nd. Councilman Mower SECONDED the motion, which CARRIED with a 4-2 roll call vote. Councilman Lawrence and O'Brien cast the nay votes. AGENDA ITEM#13- CONSIDERATION OF THE FINAL PLAT FOR EAGLE MOUNTAIN PARCEL #3B, A 20 LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION ON 21.14 ACRES, LOCATED NORTH OF SUMMER HILL BOULEVARD, AND WEST OF THE SOUTHWEST INN AT EAGLE MOUNTAIN. CASE#S96-032. Director of Community Development Gary Jeppson stated that Parcel #3B of the Eagle Mountain development was in an "R1-6A" zoned area but that the lots were planned to be substantially larger than what the current zoning demanded. Councilman Lawrence MOVED to approve the Final Plat for Eagle Mountain Parcel #3B, Case#S96-032 as presented. Vice Mayor O'Brien SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#14- CONSIDERATION OF THE FINAL PLAT FOR EAGLE MOUNTAIN PARCEL #7, A 20 LOT, SINGLE-FAMILY RESIDENTIAL SUBDIVISION LOCATED WEST OF SUMMER HILL BOULEVARD,SOUTH OF PARCEL#5,NORTH AND EAST OF A PORTION OF THE EAGLE MOUNTAIN GOLF COURSE,AND WEST OF PARCEL#6. CASE#S96-045. Mr. Jeppson stated that Parcel #7 of the Eagle Mountain development was zoned "R 1-8A" and recommended approval. Councilman Apps MOVED to approve Eagle Mountain Parcel#7, Case#96-045. Councilman Mower SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #15 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE TOLKAPAYA VILLAGE CONDOMINIUMS, A 100-UNIT DEVELOPMENT PROPOSED ON THE 9.79-ACRE LOT 1 OF THE TOKPELA SUBDIVISION, WHICH IS LOCATED WEST OF FOUNTAIN HILLS BOULEVARD, EAST OF MOUNTAINSIDE DRIVE, NORTH OF THE SHEPHERD OF THE HILLS LUTHERAN CHURCH AND SOUTH OF THE FOUR PEAKS VISTA CONDOMINIUMS, CASE NUMBER S95-063. Low Town Council Minutes—9/18/97 Page 5 of 12 Planner Jeff Valder stated that floor plans, site plans and elevations had been provided in the Council packets. He reviewed the location of the 100-unit condominium project which was adjacent to the 212 unit apartment project currently under construction. He stated the applicant's access plans included the primary entrance onto Fountain Hills Boulevard with an emergency access onto Mountainside Drive. He said the two and three-story units required no additional cut and fill requests and complied with the height restrictions of the "R-4" zoning of the property. He said the applicant would provide just over the amount of required hillside preservation. Mr. Valder reviewed the last stipulation which dealt with prohibiting changes to the preliminary plat that would affect the hillside protection easement configuration. He said this stipulation would guarantee no changes to the size of the structures or the size of the roadway. Mayor Miles said he was constantly approached by citizens regarding the devastation of the desert due to the construction of the 212 apartment units on Fountain Hills Boulevard. He said he was concerned about the future effluent problem resulting from the 212 units and that an additional project of 100 units would become a further burden on this problem. Councilman Mower said the County's zoning of this property had never been changed which now permitted the construction of a project of this density and that the Council should look beyond the existing zoning of the property and consider other factors such as traffic congestion, and safety issues. He said he thought it was unfair to the remainder of the community to allow the continuation of building projects of this much density. He encouraged the applicant to re-submit a plan with lower density, more quality and better use of open spaces in the entire project. Mayor Miles asked what percentage of the project were three stories. Mr. Valder answered that 25% of the project was three-story buildings. Councilman Lawrence said he had reviewed the sketches of the cross section of the three-story building layout, which visually presented an appearance of almost four stories when viewed from the lower portion of the project. He stated he thought two-story buildings with the three stories showing on the back side was more acceptable especially considering residents' distress about three story buildings in the community. Mayor Miles stated he thought this project would not be a credit to the community and he had already received tremendous criticism of the neighboring project and wouldn't approve another undesirable project of this type. Councilman Mower MOVED to deny the Preliminary Plat for the Tolkapaya Village condominiums, Case #S95- 063. Councilman Apps SECONDED the motion Mary Pilarinos thanked the Council for considering the denial of the Preliminary Plat. Michael Naim, the applicant for the project, said he had been involved in the planning stages for three years and had drawn what he thought was a good 142-unit project. After a substantial revision to 100 units, he said he felt his project had subsidized an infrastructure that would benefit subdivisions other than just his own. He stated the advantages of the close proximity of the shopping center made the location of his project suitable for that area. He cited other advantages of condominium living, such as the consumption of less energy, and a more economical way of living. He said he tried to meet the standards while protecting the wash areas. Mr. Naim said he had assisted in the design of the 212-unit apartment complex because he wanted it to be completed as an asset to the community since it was next to his development. He displayed a site plan for his development, explained that the location of the three-story condominiums would face the apartment complex and the wash area, and stated that the layout on the ridgeline had been designed to present a staggering of the units rather than a monotonous layout of buildings. He said the loft concept on the three-story buildings added visual interest to the building rather than a flat-roofed appearance. He reminded the Council that the "R-4" zoning allowed density of twenty units to the acre which translated to 200 units and that he had revised his plans twice down to the proposed 100 units. Mary Pilarinos asked if the Planning & Zoning Commission had approved the Preliminary Plat for this project. Mayor Miles assured her that the Commission had recommended approval. L Town Council Minutes—9/18/97 Page 6 of 12 Vice Mayor O'Brien stated that unless the lot was rezoned, the Council could expect future submissions to be worse than the present submittal. He said other than a rezone, multi family construction could not be prevented from the downtown area. He questioned the grounds for denial when the applicant was within his rights, had conformed to the zoning regulations, and had met all the requirements. Councilman Lawrence asked Mr.Naim where the elevation would be broken up on the three story buildings. Mr. Naim stated that two units in each eight-plex would have a loft. Councilman Lawrence stated that even though someone might look at the three-story structure across from the wash or from the apartment complex, he still felt that in principle the three-story limit had been exceeded. Mr. Naim said the highest point of construction would be 33', well below the 40' maximum. Mr. Jeppson confirmed that the number of stories a building could contain was not regulated. Councilman Mower said he was greatly concerned about the rights of other citizens in this community as to the impact this development would have on the congestion of the area and that considerations beyond what the zoning code allowed needed to be taken into account. Councilman Lawrence asked if the infrastructure had been developed for this project. Town Engineer Randy Harrel stated the off-site street, water, and sewer improvements on Mountainside and Fountain Hills Boulevard were presently being constructed for the entire four-lot parcel. Councilman Lawrence asked if it was customary for the Town to require infrastructure improvements to be constructed prior to the approval of the Preliminary Plat. Mr. Harrel stated these improvements were required as a stipulation when the four lots were originally approved. Mayor Miles stated the Sanitary District needed to provide their approval as to the ability to dispose of additional effluent and in addition, the applicant in response to a denial, should return with a revised plan. Councilwoman Wiggishoff referred to staff's caution that this project could be permitted as an apartment complex and six months later request condominium approval. She said she also was concerned and frustrated about the apartment complex across from the shopping center but was at a loss about what the Town could do about it at this time. Mayor Miles said the Council could downzone the property if the applicant wouldn't work with the Town. She suggested Mr. Naim resubmit a different proposal to the Council. She said she was worried that the project would end up a graded mass with unfinished buildings. She agreed that multi-family was the right product for that area as a transition between a commercial area and the downtown and single-family neighborhoods, but a different design was needed. Mr. Naim pledged to revise the plans to improve on the massing of the development, but wanted the Council to note that he had spent a lot of money on design and that the Town should have changed the zoning prior to the time when Mr. Naim bought the property. He stated he could have pulled the building permit for apartments on this lot, but had revised his plans for condominiums. He asked the Council to approve the Preliminary Plat at this time and that he pledged to refine his plans on the Final Plat. Mr. Jeppson stated the Final Plat would allow the developer to finalize his design after the improvement plans were finished. The motion to deny FAILED with a 3-3 roll call vote. Councilman Lawrence, Councilwoman Wiggishoff and Vice Mayor O'Brien cast the nay votes. Councilwoman Wiggishoff MOVED to continue discussion for two weeks until the next Council meeting. Councilman Apps SECONDED the motion, which CARRIED unanimously. Councilman Lawrence noted that he would not be able to attend the next Council meeting. L Town Council Minutes—9/18/97 Page 7 of 12 AGENDA ITEM #16 - DISCUSSION AND DIRECTION TO STAFF REGARDING CONSTRUCTING THE CULVERT ACROSS MOUNTAINSIDE DRIVE AT ARROW WASH WITH TOLKAPAYA VILLAGE CONDOMINIUMS. Town Engineer Randy Harrel stated the subdivision plat with the Tolkapaya Village contained a stipulation requiring the undersized culverts across Mountainside Drive to be improved to a ten-year capacity and that the Town would assume half of the construction costs of the part not on the developer's property. He said the developer had requested a determination whether the Town wanted the culvert installed and whether they would pay their half of construction estimated at $20,000-$30,000. He recommended the Council authorize staff to proceed with the construction. Councilman Lawrence stated since this issue was connected with the discussion of the project which had been tabled, he MOVED to table discussion on this matter for two weeks. Councilman Mower SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #17 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON AN APPLICATION TO PERMIT A CONSTRUCTION STORAGE YARD AS A SPECIAL USE IN THE "C-3" ZONING DISTRICT, LOCATED IN THE PLAT 302-A, BLOCK 2, LOT 6, NORTH OF SAGUARO BLVD.ON FALCON DRIVE, CASE#SU97-06. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:22 p.m. Planner Geir Sverdrup stated that the applicant desired to construct a construction storage yard for the storage of concrete finishing equipment behind an eight-foot wall and that his project would be completed in two phases. He said the Planning and Zoning Commission along with staff had recommended approval. Councilman Mower pointed out that there had been a number of recent requests for special use permits for storage yards. Mr. Sverdrup stated that formerly many storage yards were located on the reservation and that tribal officials had discontinued their permission for such activities. He said there were two other storage yards west of the applicant's property. There were no comments from the public. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:24 p.m. AGENDA ITEM #18 - CONSIDERATION OF AN APPLICATION TO PERMIT A CONSTRUCTION STORAGE YARD AS A SPECIAL USE IN THE "C-3" ZONING DISTRICT, LOCATED IN THE PLAT 302-A, BLOCK 2, LOT 6, NORTH OF SAGUARO BLVD. ON FALCON DRIVE, CASE #SU97- 06. Councilwoman Wiggishoff MOVED to approve the special use permit, Case#SU97-06. Councilman Lawrence SECONDED the motion, which CARRIED with a 5-1 vote. Councilman Mower cast the nay vote. AGENDA ITEM #19 - CONSIDERATION OF THE TOWN COUNCIL INITIATING AN AMENDMENT TO THE TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 12 COMMERCIAL ZONING DISTRICTS, TO PERMIT VEHICLE STORAGE YARDS IN THE C-2 AND C-3 ZONING DISTRICTS BY SPECIAL USE PERMIT ONLY. Town Council Minutes—9/18/97 Page 8 of 12 Mr. Jeppson stated a text amendment to the Zoning Ordinance to allow vehicle storage yards in the C-2 and C-3 districts by special use permit had been requested by several Councilmembers. He said that only licenses and operable vehicles would be allowed in the parking yard. Fencing and landscape requirements would also be stipulated. He asked whether the Council would initiate this text amendment. He said the Planning & Zoning Commission had been concerned about the location of vehicle storage yards in the C-2 areas but that a special use permit application could be considered on a case by case basis. Councilman Lawrence referred to the P&Z's comments and asked if there was presently enough land in the Industrial and C-3 zoned districts in Town for vehicle storage yards. Mr. Jeppson pointed out several C-3 zoned locations as well as lands in Industrial areas were available. Since there was no motion regarding this item, the item DIED. AGENDA ITEM #20 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON AN APPLICATION TO REZONE LOTS 1-7, BLOCK 4, PLAT 302 FROM "C-2" INTERMEDIATE COMMERCIAL TO "C-3" GENERAL COMMERCIAL, LOCATED EAST OF SAGUARO BOULEVARD, NORTH OF RAND DRIVE, AND SOUTH OF EL PUEBLO BOULEVARD AND SIOUX DRIVE, CASE#Z97-14. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:30 p.m. Planner Geir Sverdrup stated the applicant requested to rezone the entire Block 4 and had applied for a special use permit for a temporary vehicle storage yard on Lot 2 of that block. He said staff opposed both applications because the C-3 zoning district was inappropriate for the area since it was a proposed school site. He stated heavy truck traffic in that area would be undesirable. There were no comments from the public on this matter. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:32 p.m. • AGENDA ITEM#21 - CONSIDERATION OF ORDINANCE 97-32 AN APPLICATION TO REZONE LOTS 1-7, BLOCK 4, PLAT 302 FROM "C-2" INTERMEDIATE COMMERCIAL TO "C-3" GENERAL COMMERCIAL, LOCATED EAST OF SAGUARO BOULEVARD, NORTH OF RAND DRIVE,AND SOUTH OF EL PUEBLO BOULEVARD AND SIOUX DRIVE,CASE#Z97-14. Councilman Apps MOVED to approve Ordinance 97-32, Case #Z97-14 for the rezoning. There was no second to the motion,the motion FAILED. AGENDA ITEM #22 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON AN APPLICATION TO PERMIT A TEMPORARY VEHICLE STORAGE FACILITY AS A SPECIAL USE IN THE PROPOSED "C-3" ZONING DISTRICT, LOCATED AT 17317 SIOUX DRIVE, AKA, LOT 2,BLOCK 4,PLAT 302, CASE#SU97-05. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:33 p.m. There were no comments from the public. Mayor Miles closed the public hearing and reconvened the Regular \r Session of the Town Council at 8:34 p.m. Town Council Minutes—9/18/97 Page 9 of 12 AGENDA ITEM #23 - CONSIDERATION OF AN APPLICATION TO PERMIT A TEMPORARY VEHICLE STORAGE AT 1 317 SIOUX DRIVEIAL USE IN THE AKA, LOT 2, BLOCK 4, POSE LA 302,"C-3"CASEONING #SU97- DISTRICT, LOCATED 05. Since the rezoning of this property had not been approved (Agenda Item #21), consideration of a special use permit was moot. AGENDA ITEM #24 - DISCUSSION AND CONSIDERATION OF A COUNCIL INITIATED AMENDMENT N TO CHAPTERS T GUEST QUARTERS IN SINGLE 10 OF THE ZONING FAMILY ZONING DISTRICTS. FOUNTAININANCE FOR THE TOWN OF HILLS Planner Jeff Valder stated several contractors had inquired about permitting homes to be constructed with guest quarters in single family zoning districts. He said staff had denied guest quarters which provided separate kitchens and entrances because of the possibility of future owners' renting out those quarters. Staff said separate outside entrances without a connective corridor could be approved as long as a separate kitchen was not included in the plans. Mr. Valder said the term"quarters" was not defined in the current code but two kitchens in one house currently was not prohibited. He said a second housekeeping unit within one house was prohibited. He said the amendment would provide for a living unit attached to the main house with a separate entrance and kitchen. An additional parking space would be required. Councilman Apps, the sponsor of this amendment, suggested this matter be forwarded to the Planning &Zoning Commission for their input. 41111, . Hank Lickman, MCO Properties, pointed out that guest houses were currently allowed in R1-35 zoning districts or higher. He reviewed the results of a recent study which had indicated that future trends indicated the need for guest quarters to be used not only for visitors and family use but also as office quarters or a private recreation room. He said he felt that rental of these quarters was unlikely. Mr. Lickman thought it was appropriate to consider guest quarters as an upgrade in the housing market in all single family zoning districts. Councilwoman Wiggishoff stated this matter might be better addressed relative to the square footage of the lot rather than the appropriate zoning district. Vice Mayor O'Brien said he was concerned about alternative uses and suggested square footage requirements of a lot be the method used in the allowance of guest quarters. Councilwoman Wiggishoff MOVED to send this matter to the Planning & Zoning Commission for consideration. Councilman Apps SECONDED the motion, which CARRIED with a 5-1 vote. Vice Mayor O'Brien cast the nay vote. AGENDA ITEM #25 - CALL TO THE PUBLIC. PUBLIC COMMENT IS ENCOURAGED BUT PLEASES ROADV GHT UP DURING THE CALL TO THEAT THE COUNCIL HAS NO BILITY PUBLIC OAS SUCHND DISOR CU DISCUSS ON IS MATTERS BROUGHT PROHIBITED BY THE ARIZONA OPEN MEETING LAW. No one came forward to speak from the public. fir►' Town Council Minutes—9/18/97 Page 10 of 12 AGENDA ITEM #26 - PURSUANT TO A.R.S. 38-431.03.A.1; VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL, SALARIES, DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT WITH THE EXCEPTION OF SALARY DISCUSSIONS,AN OFFICER, APPOINTEE OR EMPLOYEE MAY DEMAND THAT SUCH DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC BODY MUST PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH SUCH PERSONAL NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN 24 HOURS FOR THE OFFICER, APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER SUCH DISCUSSION OR CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING, RESPECTIVELY. DISCUSSION WILL INCLUDE AN EMPLOYMENT CONTRACT FOR TOWN MANAGER PAUL NORDIN. Mayor Miles announced that the Town Manager's employment contract would not be discussed during the Executive Session. Councilman Apps MOVED to go into Executive Session. Councilman Lawrence SECONDED the motion, which CARRIED unanimously. Mayor Miles recessed the Regular Session at 8:50 p.m. AGENDA ITEM#27- RETURN TO REGULAR SESSION. Mayor Miles reconvened the Regular Session at 9:00 p.m. AGENDA ITEM #28 - DISCUSSION AND POSSIBLE ACTION REGARDING A CONTRACT OF EMPLOYMENT FOR TOWN MANAGER PAUL NORDIN. No action was taken on this agenda item. AGENDA ITEM#29-ADJOURNMENT. Councilwoman Wiggishoff MOVED to adjourn the meeting. Vice Mayor O'Brien SECONDED the motion, which CARRIED unanimously. The meeting adjourned at 9:00 p.m. Town Council Minutes—9/18/97 Page 11 of 12 TOWN OF FOUNTAIN HILLS By. Je y Miles, or ATTEST: Cassie B.Hansen,Town Clerk PREPARED BY: ,LJ . cY ,c.„4,.427.J 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 18th day of September, 1997. I further certify that the meeting was duly called and that a quorum was present. DATED this 2nd day of October. 1997. (111110, cZJ Cassie B. Hansen,Town Clerk Town Council Minutes—9/18/97 Page 12 of 12