The URL can be used to link to this page

Home My WebLink About1999.0506.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 6, 1999 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Morgan at 6:30 P.M., Thursday, May 6, 1999, 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 the invocation by Councilman Poma, 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, Sid Apps, Marianne Wiggishoff, and Penfield Mower. Councilwoman Sharon Hutcheson was absent. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell,Town Clerk Cassie Hansen, Town Engineer Randy Harrel, Director of Community Development Jeff Valder and Planners Geir Sverdrup and Dana Burkhardt. Mayor Morgan read the Consent Agenda, which consisted of the following agenda items: AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF APRIL 15TH, 1999. AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 1999-18, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE WESTERLY AND SOUTHERLY PROPERTY LINES OF PLAT 507B, BLOCK 1, LOT 8 (14851 E. GOLDEN EAGLE BLVD.) AS RECORDED IN BOOK 165 OF MAPS, PAGE 38 RECORDS OF MARICOPA COUNTY,ARIZONA. (VACURA - EA99-07). AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 1999-19, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE NORTHERLY PROPERTY LINE OF PLAT 602B, BLOCK 2, LOT 19 (13046 N. MIMOSA DRIVE) AS RECORDED IN BOOK 166 OF MAPS, PAGE 32 RECORDS OF MARICOPA COUNTY,ARIZONA. (NGUYEN/LOVEBURG EA99-02). AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 1999-20, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE SOUTHEASTERLY PROPERTY LINE OF PLAT 605B, BLOCK 3, LOT 13 (15921 E. TREVINO DRIVE) AS RECORDED IN BOOK 164 OF MAPS, PAGE 13 RECORDS OF MARICOPA COUNTY,ARIZONA. (AHERN EA99-08). AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 1999-21 ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE NORTHEASTERLY PROPERTY LINE OF PLAT 605C, BLOCK 1, LOT 15 (11209 N. PINTO) AS RECORDED IN BOOK 164 OF MAPS, PAGE 14 RECORDS OF MARICOPA COUNTY,ARIZONA. (SCHWAB EA99-09). Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Councilman Mower SECONDED the motion. A roll call vote was taken with the following results: L Town Council Regular Session 5/6/99 Page 1 of 7 Councilman Apps Aye Councilman Wyman Aye Vice Mayor Mower Aye Mayor Morgan Aye Councilman Poma Aye Councilwoman Wiggishoff Aye The motion CARRIED. AGENDA ITEM#6- QUARTERLY REPORT BY PUBLIC SAFETY DIRECTOR STEVE GENDLER. Public Safety Director Steve Gendler stated currently there were 30 officers in the field as well as 2 detectives, and 6 administrative positions. There are 10 officers out of the 30 officers whose wages are covered by state and federal grants. He talked about the newly-formed organization of LEAP, Law Enforcement Advisory Panel and that this group had been active during the last quarter and would be holding open forums for the community. Mr. Gendler noted he was concerned about the occurrence of violence with law enforcement officers and high school emergency response plans. Even though the overall crime rate had decreased in the first quarter, he expressed concerns about the 26% increase in traffic accidents and a 250% increase for injury accidents mainly caused by speeding motorists. He pointed out the 24-hour dispatch service had resulted in an average of 1,018 calls per month with 274 of those calls placed after business hours. In response to a question from Councilman Poma, Mr. Gendler stated that the number of officers currently serving the community met the national standard of 1.5 officers per 1,000 population. AGENDA ITEM #7 - UPDATE BY COMMUNITY CENTER ADVISORY COMMISSION CHAIRMAN WALT FRANKLIN ON SITE PLAN REVISIONS TO THE COMMUNITY CENTER COMPLEX. Walt Franklin reviewed the three site plan layouts for the 13-acre site containing the Community Center, a library/museum building and a performing arts center. Of the three layouts, Mr. Franklin stated the Community Center Advisory Commission had recommended Option "C" which provided for a common mall concept with a large interior amphitheater section for a spacious gathering area. In addition to the layout of the buildings, an unobstructed walkway was planned to allow citizens to walk from Fountain Park to these campus-effect type buildings. He said a redesign of the front lobby gallery was pending. He pointed out that this option had allowed ample space for a future municipal building, future activity building, open park space or future development. Councilwoman Wiggishoff said she liked the campus effect layout and was pleased with the Commission's recommendation. Mayor Morgan said she approved of Option "C" because it provided flexibility as to the number of buildings on the site. Vice Mayor Mower thanked the Commission for their efforts. The consensus of the Council was to direct the Commission to proceed with Option "C". AGENDA ITEM #8 - CONSIDERATION OF ACCEPTING THE RECOMMENDATION OF THE CITIZEN COMMITTEE FOR THE 1998/99 DISTRIBUTION OF LOCAL TRANSPORTATION AUTHORITY FUND MONIES. Town Clerk Cassie Hansen reviewed the list of applicants requesting portions of the $9,900 LTAF monies. The total (kiw amount of these requests had totaled $20,200 and a five-citizen volunteer committee had reviewed the applications. Their recommendations were submitted to the Council for approval. She stated the State Treasurer's office had reported that the lottery fund had reached $22.9 million,just short of the $23 million amount which was statutorily Town Council Regular Session 5/6/99 Page 2 of 7 required for legal distribution of the LTAF funds. Staff will distribute the LTAF funds when the $23 million figure is reached, around June 4, 1999. Lov Councilwoman Wiggishoff MOVED to approve the committee recommendation for LTAF funds distribution. Councilman Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#9—DISCUSSION OF VARIOUS WAYS TO IMPLEMENT A PUBLIC INPUT PROCESS FOR FUTURE COUNCIL CONSIDERATION OF THE MC DOWELL MOUNTAIN DEVELOPMENT AGREEMENT AND ASSOCIATED PRELIMINARY PLATS. Mayor Morgan advised the members present and the public that an appropriate public input hearing process would be developed within the next two weeks to assure that comments from the public would be allowed during the consideration of the McDowell Mountain Development Agreement. All hearings would include members of the McDowell Mountain Preservation Commission as well as the Planning&Zoning Commission. AGENDA ITEM #10 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT THAT WOULD SPLIT LOT 5 OF THE DITTLER SUBDIVISION, LOCATED AT THE SOUTHEASTERN CORNER OF THE INTERSECTION OF EL PUEBLO BOULEVARD AND GRANDE BOULEVARD, CASE NUMBER Z99-002. Planner Dana Burkhardt advised that the proposed lot split had met all the Zoning& Subdivision Code requirements. He said staff had included a stipulation regarding a 28' public utility easement on center of the existing overhead transmission line poles. Councilwoman Wiggishoff MOVED to approve the preliminary and final plat for the lot split of Lot 5 of Dittler Subdivision with staff stipulations. Councilman Apps SECONDED the motion. Councilman Wyman asked Town Attorney Farrell if this lot split was in order. Mr. Farrell advised the Council that the parcel, because it was 2 ' acres or less, was covered by the Subdivision Ordinance and all code provisions had been met. The motion CARRIED unanimously. AGENDA ITEM #11 - PUBLIC HEARING ON A SPECIAL USE APPLICATION TO ALLOW A RESIDENTIAL PROJECT IN THE "C-2" ZONING DISTRICT, WHICH IS LOCATED ON LOT 5 IN THE TOWN CENTER II DEVELOPMENT, WHICH IS NORTH OF EL LAGO BOULEVARD AND WEST OF LA MONTANA DRIVE,CASE NUMBER SU99-01. Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 7:16 p.m. Planner Geir Sverdrup stated 46 one-story condominium units would be developed on this property. He said staff used the M-1 zoning standards as a guideline when evaluating this project. He noted that 77 dwellings could have been built in this area but that the developer had submitted a plan with 46 units. He said concerns of high-pitched roofs in the development had been a concern of the Planning&Zoning Commission but the lower location would not result in significant loss of views caused by those roofs. He said the Commission was also concerned about the distance between buildings and the architecture. The applicant had requested an 11' distance between buildings and that the chimneys height be discounted. Staff recommended approval of the Special Use application along with stipulations presented in the packet. Lor Kate Park, a resident of the adjacent Crystal Ridge subdivision, asked about the tallest building in the project. Mr. Sverdrup stated that the tallest building was the recreation clubhouse center and that it would be 27' tall. Matt Town Council Regular Session 5/6/99 Page 3 of 7 Behrens, an attorney representing the developer, stated that this development was a multi-family use within a C-2 zoning district and would be gated. The remainder of the buildings would not exceed 25' and the majority of the area would not obstruct views. He said the architecture was designed as European with a Southwest flavor and would offer some variation but would still fit in with other dwellings. He asked that Stipulation #14 be revised to allow 11' between buildings and the remainder of the stipulation be deleted. Director of Community Development Jeff Valder stated that the overall height calculations included the 2'-3' stem wall height. He said the Council could revise the stipulations if desired. He pointed out that a 6' screen wall would be on the westerly property line and the remainder of 6' to 8' of the dwelling units would be visible. Councilman Poma approved of having adequate space between buildings rather than having them connected together. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 7:30 p.m. AGENDA ITEM #12 - CONSIDERATION OF A SPECIAL USE APPLICATION TO ALLOW A RESIDENTIAL PROJECT IN THE "C-2" ZONING DISTRICT, WHICH IS LOCATED ON LOT 5 IN THE TOWN CENTER II DEVELOPMENT, WHICH IS NORTH OF EL LAGO BOULEVARD AND WEST OF LA MONTANA DRIVE,CASE NUMBER SU99-01. Councilman Wyman MOVED to approve the special use application as presented. Councilman Apps SECONDED the motion. Councilwoman Wiggishoff MOVED to amend the motion to change Stipulation #14 to require a distance of 11' between all buildings on the west side of the plat. Councilman Poma SECONDED the amendment, which CARRIED unanimously. The main motion, as amended, CARRIED unanimously. AGENDA ITEM #13 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE 46-UNIT CONDOMINIUM PROJECT KNOWN AS VILLAS OF FOUNTAIN HILLS CONDOMINIUMS, LOCATED ON LOT 5 OF TOWN CENTER II, CASE NUMBER S99-004. Councilman Poma MOVED to approve the preliminary plat for the Villas of Fountain Hills Condominiums as presented. Vice Mayor Mower SECONDED the motion. Both Councilwoman Wiggishoff and Vice Mayor Mower spoke in support of the project. The motion CARRIED unanimously. AGENDA ITEM #14 - PUBLIC HEARING ON ORDINANCE 99-15 AMENDING CHAPTERS 1, 5 AND 10 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY MODIFYING TWO DEFINITIONS AND PERMITTING GUEST HOUSES IN ANY SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT GIVEN CERTAIN RESTRICTIONS AND SETTING SPECIFIC SETBACKS FOR ACCESSORY BUILDINGS, CASE NUMBER Z99-05. Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 7:35 p.m. Mr. Sverdrup said two definitions for accessory structures had been necessary because of various sizes. One definition was for a smaller building less than 120 square feet and the other was for larger buildings in excess of 120 square feet where a building permit was required. He said the smaller structures could be placed three feet away from property lines but that the larger structure would be required to have a 7' setback from the side and rear yard lot Town Council Regular Session 5/6/99 Page 4 of 7 lines. Mr. Sverdrup pointed out that under this ordinance, guest houses would be permitted in any single family residential zoning district with a minimum lot size of at least 70,000 square feet through a special use permit process. He said the other stipulations in the packet information should be included in the approval of the ordinance. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 7:40 p.m. AGENDA ITEM#15- CONSIDERATION OF ORDINANCE 99-15 AMENDING CHAPTERS 1,5 AND 10 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY MODIFYING TWO DEFINITIONS AND PERMITTING GUEST HOUSES IN ANY SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT GIVEN CERTAIN RESTRICTIONS AND SETTING SPECIFIC SETBACKS FOR ACCESSORY BUILDINGS,CASE NUMBER Z99-05. Councilman Wyman MOVED to approve Ordinance 99-15 as presented with staff stipulations. Councilman Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #16 - PUBLIC HEARING ON ORDINANCE 99-7 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 6, SECTION 6.07 BY FURTHER DEFINING THE REQUIREMENTS FOR COMPREHENSIVE SIGN PLANS. CASE NUMBER Z99-06. Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 7:42 p.m. Mr. Burkhardt stated the Planning &Zoning Commission had reviewed this text amendment. He said there were no 4600 provisions in the sign ordinance for multi-plaza businesses which resulted in excessive signage in those areas. This amendment would require a comprehensive sign plan from the developers of large commercial projects so staff could designate an appropriate, allotted sign area for each business. This sign plan requirement would be reviewed by the Community Development Director rather than by the Council. Mr. Burkhardt confirmed that the Planning&Zoning Commission had recommended approval. There were no comments from the public. Mayor Morgan then closed the public hearing and reconvened the Regular Session of the Town Council at 7:45 p.m. AGENDA ITEM#17- CONSIDERATION OF ORDINANCE 99-7 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 6, SECTION 6.07 BY FURTHER DEFINING THE REQUIREMENTS FOR COMPREHENSIVE SIGN PLANS. CASE NUMBER Z99-06. Councilman Poma MOVED to approve Ordinance 99-7 as presented. Councilman Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #18 - PUBLIC HEARING ON ORDINANCE 99-18 AMENDING CHAPTER 5 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY MODIFYING THE FRONT OR STREETSIDE YARD SETBACK REGULATIONS FOR CERTAIN LOTS ABUTTING "HAMMERHEAD"- TYPE CULDESAC,CASE NUMBER Z99-12. Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 7:47 p.m. Mr. Valder stated that language had been added into the ordinance to require written permission of the adjacent property Town Council Regular Session 5/6/99 Page 5 of 7 owner to allow certain modifications of setback due to hammerhead-type cul de sacs. There were no comments from the public. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 7:48 p.m. AGENDA ITEM #19 - CONSIDERATION OF ORDINANCE 99-18 AMENDING CHAPTER 5 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY MODIFYING THE FRONT OR STREETSIDE YARD SETBACK REGULATIONS FOR CERTAIN LOTS ABUTTING "HAMMERHEAD"-TYPE CULDESAC, CASE NUMBER Z99-12. Councilman Poma MOVED to approve Ordinance 99-18 as presented. Councilman Wyman SECONDED the motion. Councilwoman Wiggishoff MOVED to amend the motion by deleting Paragraph "C". Vice Mayor Mower SECONDED the amendment. Councilwoman Wiggishoff stated obtaining the written permission of an adjacent property owner might be difficult to obtain and should not be required. Councilman Wyman said he thought the written permission requirement should remain in the ordinance. Vice Mayor Mower stated if the lot was vacant, no written permission should be required and that only the owners of developed lots should give written permission. Mr. Valder explained the setback changes for certain lots taking into consideration right-of-way easements and trying not to obstruct sight lines. Councilwoman Wiggishoff pointed out that the engineer reviewing the setback regulations should be the one to determine if modifications were appropriate, not the adjacent property owner. Mayor Morgan agreed. The amendment CARRIED. The motion, as amended, CARRIED unanimously. AGENDA ITEM #20 - PUBLIC HEARING ON ORDINANCE 99-13 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 5, SECTION 5.14, HOME OCCUPATIONS, BY DISALLOWING THE OUTDOOR STORAGE OF MATERIALS RELATED TO THE HOME OCCUPATION AND BY DEFINING THE TYPES OF USES NOT ALLOWED AS HOME OCCUPATIONS,CASE NUMBER Z99-02. Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 7:58 p.m. Mr. Sverdrup stated in Ordinance 99-13 no outdoor storage would be allowed for home occupations and motor vehicle repair and the direct sale of goods from the home would be prohibited. Councilwoman Wiggishoff asked about home occupations involving guest parties, such as Tupperware. Mr. Sverdrup stated the storage of such goods was permitted in the home, but the direct sale from the home was not allowed in an effort to cut down on the number of vehicles visiting the home. Mr. Valder stated this amendment would assist staff in their efforts to shut down continual garage sales in homes. He said the language was worded to affect retail sales out of homes. He suggested any appeals of decisions made by the Director of Community Development be made to the Board of Adjustments. Vice Mayor Mower said he was concerned about storage of chemicals in garages rather than storing them outside. Mr. Sverdrup stated a special use process was required if hazardous materials were present. Councilman Apps pointed out that any business should provide adequate storage if it has hazardous materials and should get the proper special use permit. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 8:14 p.m. Town Council Regular Session 5/6/99 Page 6 of 7 AGENDA ITEM #21 - CONSIDERATION OF ORDINANCE 99-13 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 5, SECTION 5.14, HOME OCCUPATIONS, BY DISALLOWING THE OUTDOOR STORAGE OF MATERIALS RELATED TO THE HOME OCCUPATION AND BY DEFINING THE TYPES OF USES NOT ALLOWED AS HOME OCCUPATIONS,CASE NUMBER Z99-02. Councilman Wyman MOVED to approve Ordinance 99-13 as presented. Councilman Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#22- CALL TO THE PUBLIC No one came forward to speak from the public. AGENDA ITEM#23-ADJOURNMENT. Councilman Poma MOVED to adjourn the meeting. Councilman Apps SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 8:16 p.m. TOWN OF FOUNTAIN HILLS tklir Sharon Morgan,Mayor A FI EST: Cassie B.Hansen,Town Clerk PREPARED BY:� .c i <`J. Ci a J Linda D. Lemmen,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 6th day of May, 1999. I further certify that the meeting was duly called and that a quorum was present. DATED this 20th day of May, 1999. (11../14.4.,--' 43 4-AAA,...) Cassie B. Hansen,Town Clerk L Town Council Regular Session 5/6/99 Page 7 of 7