HomeMy WebLinkAbout1998.1015.TCRM.Meeting TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
OCTOBER 15, 1998
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Morgan at 6:30 P.M.,
Thursday, October 15, 1998, 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 and a moment of silence, roll call was taken. Present for roll call were
the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor Al Poma and
Councilmembers John Wyman, Sharon Hutcheson, Sid Apps, and Penfield Mower. Councilwoman Marianne
Wiggishoff was absent. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell,Town Clerk Cassie
Hansen,Town Engineer Randy Harrel, and Director of Community Development Jeff Valder.
Mayor Morgan read the Consent Agenda, which consisted of the following agenda items:
AGENDA ITEM#1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF OCTOBER 1sT,
1998.
AGENDA ITEM #2 - CONSIDERATION OF THE EXTENSION OF PREMISES/PATIO PERMIT
SUBMITTED BY KENNETH BOWMAN FOR THE AMERICAN LEGION 58 LOCATED AT 16850 EAST
AVENUE OF THE FOUNTAINS. THE AMERICAN LEGION IS REQUESTING TO EXTEND THEIR
LIQUOR LICENSE FOR A HALLOWEEN PARTY TO BE HELD ON SATURDAY,OCTOBER 31, 1998.
AGENDA ITEM #3 - CONSIDERATION OF THE EXTENSION OF PREMISES/PATIO PERMIT
SUBMITTED BY KENNETH BOWMAN FOR THE AMERICAN LEGION 58 LOCATED AT 16850 EAST
AVENUE OF THE FOUNTAINS. THE AMERICAN LEGION IS REQUESTING TO EXTEND THEIR
LIQUOR LICENSE FOR A VETERAN'S DAY/MARINE CORP BIRTHDAY TO BE HELD ON TUESDAY
AND WEDNESDAY,NOVEMBER 10 AND 11, 1998.
AGENDA ITEM#4- CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY
KENNETH BOWMAN FOR THE AMERICAN LEGION 58 LOCATED AT 16850 EAST AVENUE OF
THE FOUNTAINS. THE AMERICAN LEGION IS REQUESTING TO HAVE A "BEER GARDEN"
DURING THE NOVEMBER ART FAIR, FRIDAY, SATURDAY AND SUNDAY, NOVEMBER 13TH, 14TH
AND 15TH FOR A FUNDRAISER. HOURS OF OPERATION ARE FROM 9:00 A.M. TO 10:00 P.M.
FRIDAY AND SATURDAY,AND 10:00 A.M.TO 8 P.M.SUNDAY.
AGENDA ITEM #5 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY
SHARON MORGAN AND THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE ANNUAL
FOUNTAIN FESTIVAL OF ARTS AND CRAFTS TO BE HELD FRIDAY, SATURDAY AND SUNDAY,
NOVEMBER 13TH, 14TH AND 15TH, 1998 FROM 10:00 A.M. TO 5 P.M. THE EVENT WILL REQUIRE
THE CLOSURE OF THE AVENUE OF THE FOUNTAINS FROM LA MONTANA TO SAGUARO AND
SAGUARO BOULEVARD FROM PARKVIEW TO EL LAGO.
AGENDA ITEM #6 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY
TIMOTHY ROONEY FOR LA PIAZZA LOCATED AT 11865 N. SAGUARO BOULEVARD. THE
APPLICATION IS FOR A NEW CLASS #12 (RESTAURANT) LICENSE FOR THE RESTAURANT
FORMERLY KNOWN AS VOLARES.
Town Council Regular Session 10/15/98
Page 1 of 6
AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 1998-52, ACCEPTING THE DEDICATION
OF RIGHT OF WAY AND GRANT OF SLOPE EASEMENTS FROM MCO FOR SUNRIDGE DRIVE,
PLAT 512,LOTS 41 AND 42.
AGENDA ITEM #8 — CONSIDERATION OF A FINAL REPLAT OF FOUNTAIN HILLS FINAL PLAT
513, LOTS 31 & 32,A LOT JOIN PROJECT LOCATED AT 15226 N.ZAMORA PLAZA. CASE#S98-035.
Councilman Apps MOVED to approve the Consent Agenda as read. Vice Mayor Poma SECONDED the motion.
A roll call vote was taken with the following results:
Vice Mayor Poma Aye
Councilman Apps Aye
Councilman Wyman Aye
Councilman Mower Aye
Councilwoman Hutcheson Aye
Mayor Morgan Aye
The motion CARRIED.
AGENDA ITEM #9 - CONSIDERATION OF APPOINTING TWO CITIZENS TO THE PARKS AND
RECREATION COMMISSION.
Councilman Mower MOVED to appoint Kimberly Marshburn to the Parks and.Recreation Commission and to appoint
K.C. Rosburg to the Youth Commission. Vice Mayor Poma SECONDED the motion,which CARRIED unanimously.
L
AGENDA ITEM #10 - RECONSIDERATION OF THE TOWN COUNCIL'S VOTE ON SEPTEMBER 3,
1998 THAT DENIED A TEMPORARY USE PERMIT FOR BLUE CHIP DEVELOPMENT TO OPERATE
TWO MODEL HOMES LOCATED AT 16629 WESTBY DRIVE AND 16602 PALISADES BOULEVARD,
CASE NUMBER S98-11.
Vice Mayor Poma MOVED to accept and reconsider the temporary use permit for Blue Chip Development with staff
stipulations. Councilman Apps SECONDED the motion. In response to questions from Councilman Mower, it was
determined that all models and plans designed by Blue Chip Development would be offered from that location.
Debra Sable, the owner's daughter, appeared before the Council to answer questions. Councilwoman Hutcheson
asked what assurances Blue Chip would give that the marketing of developed property would not take place at this
location. Ms. Sable stated the owner would supply that assurance in writing, if required. The motion CARRIED
with a 5-1 vote. Councilwoman Hutcheson cast the nay vote.
AGENDA ITEM #11 - CONSIDERATION OF INITIATING AN AMENDMENT TO SECTION 11.10 OF
THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO CHANGE THE SETBACK
REGULATIONS FOR "R-3", "R-4" AND "R-5" ZONED LOTS HAVING A LOT AREA OF LESS THAN
ONE ACRE.
Community Development Director Jeff Valder stated Councilman Poma had requested staff to draft language to change
the setback regulations of smaller multi-family zoned lots from the more stringent setbacks recently approved. He said
he was informed that certain case law prohibited separate setbacks based on the size of a lot and suggested creating new
zoning districts with less restrictive setbacks. He said the major complaint was the reduction in the number of units that
Town Council Regular Session 10/15/98
Page 2 of 6
could be built because of restrictive setbacks. Councilman Apps asked if the changed setbacks could be considered a
taking. Town Attorney Farrell answered that property owners with smaller lots could perceive a taking but that no
claims had been filed. Vice Mayor Poma asked how many multi-family zoned lots were left in the town under one acre.
Mr. Valder stated there were 113 lots remaining and 8 lots over one acre and that there would not be a change in the
building height. Councilman Mower said he couldn't support the amendment because the intent of the setback changes
was to decrease density in multi-family areas and the smaller lots were still deemed developable. Councilwoman
Hutcheson said she was also opposed to the amendment and preferred to abide by the current setback standards in an
effort to create a more open, less dense look among multi-family dwellings.
Don Stoykovich, a local architect, told the Council about a client who desired to build on her multi-family lot and
couldn't build a four-plex as originally planned because of the present setback requirements. Suzanne Jansen, a real
estate agent, said she had lost three sales due to the inability to construct denser multi-family buildings on multi-family
lots. She urged the Council to consider amending the setback requirements back to the original ordinance regulations.
Tom Schuelke asked if the amendment would allow the division of larger lots to take advantage of the lesser restrictions.
Mr. Valder stated the proposed text amendment needed revision and was not being recommended for approval by the
Council but that replats could occur. Ron Sterner, from Scottsdale, urged the Council to reconsider the setback
requirements for smaller lots. Gordon Pittsenbarger, a local builder, stated larger projects should have larger setback
requirements but that the Council should give relief to smaller multi-family zoned lots.
Councilman Wyman asked about the nature of changes for the amendment. Mr. Farrell stated the creation of an "A"
zone for smaller multi-family lots. Mr. Valder stated the May, 1998 revision to the setback requirements reduced unit
yields across the board in multi-family areas. Vice Mayor Poma stated he didn't like uneven front setbacks that were
occurring as a result of the new setback requirements.
Hank Lickman, MCO Properties, said a Town Center II project on ten acres planned prior to the setback changes had
failed due to the changes made to accommodate the new setback requirements. He stated the smaller multi-family lots
were most likely platted some time ago and the allowable products that could be built would be significantly different
and would affect the appearance of the neighborhood.
Vice Mayor Poma MOVED to review the setback regulations for smaller multi-family lot owners. Mayor Morgan
SECONDED the motion. Councilman Hutcheson said the Council did not have any architectural control but that she
approved of uneven setbacks as they created a non-uniform look. The motion FAILED with a 3-3 roll call vote.
Councilmen Apps and Mower and Councilwoman Hutcheson cast the nay votes.
AGENDA ITEM #12 - CONSIDERATION OF INITIATING AN AMENDMENT TO THE OFFICIAL
ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE WHEREBY
APPROXIMATELY 101.85 ACRES OF LAND LOCATED NORTH, EAST AND SOUTH OF THE ARRIBA
DEL LAGO SUBDIVISION, ALSO KNOWN AS THE LAND ENCOMPASSING THE PROPOSED
DIAMONTE DEL LAGO SUBDIVISION, IS REZONED FROM THE "R-3 RUP", "R-4" AND THE "R-5"
TO THE "R1-6"ZONING DISTRICT.
AGENDA ITEM #13 - CONSIDERATION OF INITIATING AMENDMENTS TO THE OFFICIAL
ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE AND TO THE
FOUNTAIN HILLS GENERAL PLAN WHEREBY APPROXIMATELY 28.99 ACRES OF LAND LOCATED
NORTH OF PANORAMA DRIVE AND EAST OF FOUNTAIN HILLS BOULEVARD, ALSO KNOWN AS
THE LAND ENCOMPASSING THE PROPOSED FOUNTAIN SUMMIT CONDOMINIUMS
SUBDIVISION, IS REZONED FROM THE "R-5" TO THE "M-1" ZONING DISTRICT AND
REDESIGNATED IN THE GENERAL PLAN FROM THE "SINGLE-FAMILY/MEDIUM" TO THE
L1.„ "MULTI-FAMILY/MEDIUM"LAND USE DESIGNATION.
Town Council Regular Session 10/15/98
Page 3 of 6
Mayor Morgan announced that Agenda Items #12 and #13 would not be discussed at this meeting per Councilman
Mower.
Low
AGENDA ITEM#14—CONSIDERATION OF THE FINAL PLAT FOR THE SUNRIDGE CANYON PARCEL
"J" (SHADOW CANYON AT SUNRIDGE CANYON) SUBDIVISION, A 147.986-ACRE, 60-LOT SINGLE-
FAMILY DEVELOPMENT LOCATED NORTH OF DESERT CANYON DRIVE AND EAST OF SUNRIDGE
CANYON DRIVE,CASE NUMBER S96-035.
Vice Mayor Poma MOVED to approve the final plat for Parcel "J" of Sunridge Canyon Subdivision with staff
stipulations. Councilman Apps SECONDED the motion. Ray Baldwin stated this parcel would provide for a gated
community. In response to questions from Councilman Wyman, it was determined that the stipulations provided a
means to require clear,precise information from the developer. The motion CARRIED unanimously.
AGENDA ITEM #15 - DISCUSSION, WITH POSSIBLE DIRECTION TO STAFF, OF CONDUCTING A
CITIZEN SURVEY PRIOR TO THE PREPARATION OF THE 1999-2000 FISCAL YEAR BUDGET AS A
PRIORITIZATION TOOL FOR THE COUNCIL AND STAFF.
Councilman Mower, the sponsor of the citizen survey, stated he thought the survey would provide all citizens an
opportunity to express their priorities to the Council. He pointed out that a survey would be more appropriate because
some residents might want to remain anonymous or might not desire to speak in public. Councilman Mower MOVED
to direct staff to explore the possibility of a citizen survey to be conducted around the first of next year and to return to
the Council with a draft of the survey results. Vice Mayor Poma SECONDED the motion. Councilman Apps expressed
his concern about what a survey might cost. Town Manager Paul Nordin indicated staff could find out the costs and
report back to the Council in a memorandum. Susan Neuhart approved of the survey concept and suggested a question
be inserted in the survey regarding the Civic Center. The motion CARRIED unanimously.
AGENDA ITEM#16- CONSIDERATION OF RESOLUTION 1998-34,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE 30' PUBLIC ALLEY LOCATED WITHIN PLAT 207,
BLOCK 1, ADJACENT TO LOTS 1,2,3,4,5 AND 17, AS RECORDED IN BOOK 147 OF MAPS, PAGE 6=
RECORDS OF MARICOPA COUNTY,ARIZONA,WITH STIPULATIONS. (GAMBACORTA-ROW96-05)
Town Engineer Randy Harrel stated this alley abandonment was located east of La Montana between El Lago and
Gunsight. He said 18 letters of opposition from condo owners adjacent to the abandonment location had been
received. Mr. Harrel pointed out that the applicant of the abandonment, Mr. Gambacorta, had confirmed that he had
reached an agreement with the condo owners. He said he had mailed courtesy notices to property owners but that
some had not been received due to the holiday delay.
Councilman Mower MOVED to continue this matter to the next Council meeting, November 5, 1998 to allow time
for notice to property owners. Councilwoman Hutcheson SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM#17 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING GRANT OF
A DRAINAGE EASEMENT ON LOT 28 OF PLAT 513.
Town Engineer Randy Harrel stated that during the construction of the Plat 513 subdivision in 1995, MCO had
requested to construct a storm drain across Lot 28 instead of an open channel. He said MCO did not at that time
Town Council Regular Session 10/15/98
Page 4 of 6
grant the revised drainage easement but has now done so by this easement. Mr. Harrel stated no action was needed
by the Council at this time. Councilman Mower asked if the Town abandoned the drainage easement, would the
Town be held liable in the event of flooding. Mr. Harrel stated that since the easement over Lots 26 and 27 were no
longer being used for drainage easements, the Town would not experience any liability by the abandonment of the
Lot 28 easement.
AGENDA ITEM#18- CONSIDERATION OF RESOLUTION 1998-53,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN DRAINAGE EASEMENTS OF LOTS 26, 27,
AND 28 OF PLAT 513 AS RECORDED IN BOOK 387 OF MAPS, PAGE 30 RECORDS OF MARICOPA
COUNTY,ARIZONA. (EA 98-14)
Councilman Apps MOVED to approve Resolution 1998-53 as presented. Councilwoman Hutcheson SECONDED
the motion, which CARRIED unanimously.
AGENDA ITEM #19 - CONSIDERATION OF A-SIX-MONTH EXTENSION FOR THE TOLKAPAYA
VILLAGE CONDOMINIUMS PRELIMINARY PLAT,CASE NUMBER S95-063.
Mr. Valder stated the applicant requested a six-month-extension from November 6, 1998, which was the expiration
date for the preliminary plat. He said to date the Town had not received any improvement plan applications nor a
final plat application for this condominium project. He stated the applicant could submit an application for a building
permit under the zoning ordinance hillside standards which were less restrictive than the current standards. He
pointed out that the applicant had received preliminary plat approval for 100 condominium units and either needed an
extension to the preliminary plat or a final plat approval by the deadline of November 6t. He stated that if an
extension was not approved, an 85-unit project could be built but not as condominiums. Councilwoman Hutcheson
noted if this project extension was not granted the developer would be required to abide by the current zoning and
subdivision requirements.
Michael Naim stated he had spent a great deal of effort to revise his plans to reduce the density of his development to
85 units,to lower the height of some of the buildings and to meet other Council stipulations in an attempt to present a
desirable project to the Town. He reviewed several drawings and plans of the project and asked the Council to
extend his preliminary plat.
Councilman Mower said he was concerned about the amount of time that had passed, about the last minute request
from the developer for an extension and about adding more density to the area. Vice Mayor Poma MOVED to
approve a six-month extension of the preliminary plat for Tolkapaya Village Condominiums. Since there was no
second to the motion, the motion DIED.
AGENDA ITEM#20-CALL TO THE PUBLIC
Tom Schuelke suggested the Council consider levying an additional tax on vacant lots in an attempt to raise funding for
the Community Center.
Susan Cassidy-Neuhart suggested a formal business plan for the new Community Center be developed. She expressed
her concerns about the financial stability of the Town in the future due to the usage of surplus funds for the building of
the Community Center.
Town Council Regular Session 10/15/98
Page 5 of 6
Bruce Hansen, President of the Chamber of Commerce, spoke in support of the Community Center as a much-needed
facility for the benefit of the entire community.
AGENDA ITEM #21 - PURSUANT TO A.R.S. 38-431.03.A.3, A.R.S. 38-431.03.A.7, AND A.R.S. 38-431.03.A.4,
VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSIDERATION FOR LEGAL
ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY; DISCUSSIONS OR
CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO
CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATION
FOR THE PURCHASE OF LEASE OF REAL PROPERTY;AND DISCUSSION OR CONSULTATION WITH
THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT
ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION IN PENDING OR CONTEMPLATED
LITIGATION; RESPECTIVELY.
Vice Mayor Poma MOVED to go into Executive Session. Councilman Mower SECONDED the motion, which
CARRIED unanimously. Mayor Morgan recessed the Regular Session of the Town Council at 8:45 p.m.
AGENDA ITEM#22-RETURN TO REGULAR SESSION.
Mayor Morgan reconvened the Regular Session of the Town Council at 9:34 p.m.
AGENDA ITEM#23-ADJOURNMENT.
Councilman Apps MOVED to adjourn the meeting. Councilman Mower SECONDED the motion, which CARRIED
unanimously. Mayor Morgan adjourned the meeting at 9:34 p.m.
TOWN OF FO AIN HILLS.
By. 44G
Sharon Morgan,Mayor
ATTEST: � it/1/4/.4-2t—\15 IU 4^—'
Cassie B.Hansen,Town Clerk
PREPARED BY:
Linda D.Lemm n,Executive 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 15th day of October, 1998. I further certify that the meeting was duly called and that a
quorum was present. DATED this 5th day of November, 1998.
L
Cassie B.Hansen,Town Clerk
Town Council Regular Session 10/15/98
Page 6 of 6