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HomeMy WebLinkAbout2002.0418.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL April 18,2002 Mayor Morgan convened the regular session at 5:15 p.m. AGENDA ITEM #1 - PURSUANT TO A.R.S. §38-431.03.A.4, VOTE TO GO INTO EXECUTIVE SESSION FOR 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 REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS, IN PENDING OR CONTEMPLATED LITIGATION, OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION (SPECIFICALLY REGARDING THE THREE SUITS: KNAPP, HOFFMAN & ROBINSON VS.THE TOWN OF FOUNTAIN HILLS ET AL). Councilwoman Hutcheson MOVED that the Council convene the executive session and Councilwoman Fraverd SECONDED the motion,which carried unanimously. AGENDA ITEM#2-RETURN TO REGULAR SESSION Mayor Morgan recessed the executive session at 6:15 p.m. and convened the regular session at 6:30 p.m. Following the pledge to the flag and invocation by Pastor Don Lawrence,Christ's Church of Fountain Hills,roll call was taken. ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor John Kavanagh, and Councilmembers Rick Melendez, Sharon Hutcheson, Susan Ralphe, and Leesa Fraverd. Also present were Town Attorney Bill Farrell, Acting Town Manager Roy Pederson, Director of Administration/Town Clerk Cassie B.Hansen,and Interim Community Development Director Jesse Drake. IAYOR'S REPORT: Mayor Morgan introduced and recognized Accounting Supervisor Julie Ghetti for receiving the viffeertificate of Achievement of Excellence in Financial Accounting for the fifth year in a row. AGENDA ITEM #3 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF APRIL 4 AND 8, 2002. Councilwoman Fraverd MOVED to approve the meeting minutes of April 4 and 8, 2002, and Councilwoman Ralphe SECONDED the motion. A roll call vote was taken with the following results: Vice Mayor Kavanagh Aye Councilwoman Ralphe Aye Councilman Melendez Aye Councilwoman Hutcheson Aye Mayor Morgan Aye Councilwoman Fraverd Aye The motion CARRIED unanimously AGENDA ITEM #4 - CONSIDERATION OF ORDINANCE 02-04 AMENDING THE TOWN CODE CHAPTER 12 TRAFFIC,BY AMENDING ARTICLE 12-5 MOTORIZED SKATEBOARDS,SECTION 12-5-4 PROHIBITED OPERATIONS, TO ADD SUBSECTION G, AND AMENDING SECTION 12-5-7 REQUIRED SAFETY EQUIPMENT,SUBSECTION A. Public Safety Director Steve Gendler stated the purpose of his presentation: to address a concern raised by residents regarding the disruptive effect of motorized skateboards in their neighborhood. Staff had looked in to possible remedies to address these residents' concerns and was recommending approval of this amendment to the Town Code. The amendment would restrict these motorized skateboards to day light hours only. He reviewed that over the last three months, the LarMarshals Department had responded to a significant number of calls regarding motorized skateboards, specifically in the Town Council Meeting Minutes of April 18,2002 Page 1 of 9 Fontana area. He pointed out that in late February the Council had received correspondence from these area residents complaining about the noise created by these motorized skateboards. The residents reported that the noise occurred at all hours and was disruptive to the peace and quiet of the neighborhood. They asked for some relief. Staff analyzed the records and found that the Marshals Department had responded to 35 complaints regarding motorized skateboards so far Ittighis year, of which 24 occurred during the day light hours and 11 occurred after sunset. 60% of all complaints, and every evening complaint, came from the Fontana area. He noted that motorized skateboards had been a source of complaints in this community for several years. When the Town Code was previously amended in 1995, the provisions for noise had been considered but no stipulations were made. He reviewed the current highlights of Article 12-5 Motorized Skateboards. In trying to address the issues related to the noise problems, the first option would be to ban motorized skateboards. The second would be to restrict their operation. Director Gendler explained that under the Arizona Revised Statutes §25- 627(d), local authorities, such as the Council, have the ability to regulate and prohibit operations of motorized skateboards as long as there were not requirements with regard to licensing or registration. He noted that banning the motorized skateboards would address the problem of noise and make enforcement easy. It would be a remedy that would certainly generate some opposition. The alternative of adding a provision to the Code that would restrict the operation of motorized skateboards to day light hours would be defendable by staff in terms of safety. It would potentially address some of the problems of noise and disturbance during the traditionally quiet evening hours. This would allow a balance between allowing the owners to operate on public property and a need to address the noise situation. Staff felt that the most reasonable step would be to add provisions restricting operation of these motorized skateboards to day light hours only. Director Gendler stated that this action would be supported by safety considerations and the fact that the option of banning motorized skateboards would be still available to the Council if the intermediate actions failed. According to the Town Attorney's office, this could be accomplished by amending 12-5-4 to add provision "G". It was staffs recommendation that the Council approve this amendment to the Town Code. Councilwoman Ralphe MOVED to approve Ordinance 02-04 as presented and Councilman Melendez SECONDED the motion. Vice Mayor Kavanagh stated it was important to recognize the distinction between a regular skateboard and a motorized skateboard. This ordinance would not restrict the use of regular skateboards. He felt this was a reasonable restriction and Lie would support it. Councilman Melendez said this was a"quality of life" issue. He and Director Gendler had driven the rea and carefully studied the issue. He requested that the Council move forward with approval. Councilwoman Ralphe felt this was good balance between the rights of the homeowners and residents and the rights of those who ride motorized skateboards. Councilwoman Hutcheson agreed this was a good compromise. Mr.Ron McCowan,resident in Fontana He made five points: Motorized skateboards should have a driver's license. Kids drive dangerously. Kids ride at all hours of the night. Motorized skateboards sound like chain saws. Motorized skateboards should be banned. He noted that he had a statement signed by 14 residents;just a sampling of those who do not want motorized skateboards in the neighborhood. Mike Archambault, 15033 El Sobrante He asked if the sunrise/sunset provision would be gauged by the standard time as set by the Department of Game and Fish. Mayor Morgan asked if standard hours could be included in the ordinance. Director Gendler stated that he consulted with the Town Attorney's staff. This provision might be considered ambiguous but would provide flexibility to the officers. They could take action as warranted, as opposed to if a specific time was inserted. Vice Mayor Kavanagh asked if it would be better to incorporate the vehicle and traffic law definition for headlights. This would take care of seasonal differences and have a legal foundation. Assistant Town Attorney Jennifer LaFortune stated that at Vice Mayor Kavanagh's request she had consulted the motor vehicle code. Their standards for headlights were for "sunset to sunrise". The Marshals and/or Sheriffs Departments could produce a copy of the Arizona Republic newspaper from that day stating the time of sunrise/sunset. Town Council Meeting Minutes of April 18,2002 Page 2 of 9 Kathleen Nicola, 17320 E. Tejon Dr. She asked if this was a Class 1 Misdemeanor. Mayor Morgan asked Director Gendler to respond. He confirmed that it was a Class 1 Misdemeanor. Ms. Nicola asked the Council to consider looking at that issue as this was dealing with some very young children that probably would not realize the significance of that. She also asked that the Town put together an libeducational program at the school level to make the public aware of the new ordinance. She supported the ordinance. Vice Mayor Kavanagh suggested that the same provisions for offenders in this instance could be dealt with as done by the Parks and Recreation regulations. The first offense was a violation and subsequent violations were misdemeanors. Director Gendler replied that the Marshals Department procedure was that people were not cited the first time. Only in the most extreme cases did the Marshals take enforcement action. Councilman Melendez acknowledged that the young people who were operating motorized skateboards did have parents. It was the parents who had to learn that there were others that needed to be respected in the neighborhood. He supported this ordinance. Councilwoman Fraverd agreed this was a good compromise. Since this problem was predominately in the Fontana area she asked if a marshal could go out on a Sunday afternoon and chat with some of the kids to ensure that the operators understood the rules and suggest that they alternate the use of streets. If this situation continued to be a problem, the Council could come back to this ordinance at another time. Mayor Morgan said that the solution to the problem had to come in baby steps and this was a good compromise, but the Council should remember that they could come back to it in the future. Councilwoman Ralphe asked Mr. McCowan what his opinion was on the proposed ordinance. Mr. McCowan agreed it was a first step, but he admitted this situation was extremely annoying for the neighborhood. It was his personal opinion that the motorized skateboards needed to be banned. A roll call vote was taken with the following results: Councilwoman Ralphe Aye Councilman Melendez Aye Councilwoman Hutcheson Aye Councilwoman Fraverd Aye Vice Mayor Kavanagh Aye Mayor Morgan Aye The motion CARRIED unanimously AGENDA ITEM #5 - FINAL REPORT AND RECOMMENDATIONS BY COUNCILWOMAN FRAVERD AND INTERIM COMMUNITY DEVELOPMENT DIRECTOR JESSE DRAKE ON THE PROGRESS OF THE DEVELOPER ADVISORY COMMITTEE. Councilwoman Fraverd reviewed the committee's work over the last four months. They had been working on nine different text amendments to the zoning ordinance in order to clarify them and to make them more user friendly. Four of these text amendments were in the process, one of which was on tonight's Council agenda. Three other amendments were on the Planning and Zoning Commission agenda and, if initiated, would come to the Council in May. Councilwoman Fraverd stated that the committee met in March and asked that she bring forward the last three more controversial amendments to the new Council at the June 20, 2002, meeting. She noted that there were two other proposed amendments but at this time there wasn't any particular date set to bring them forward. Councilwoman Fraverd said that the Council would be considering the ADA amendment tonight that would amend the parking restrictions for ADA parking spaces. She mentioned the other amendments that would be coming forward at future Council meetings with regard to retaining walls, guesthouses, and accessory buildings. Councilwoman Fraverd noted that the committee had looked at streamlining the building permit process and asked Interim Community Development Director Drake to explain. Director Drake said that the committee had been working diligently on the plan processing system. She announced that last week a new plan review process was initiated and now technicians monitor the plans through the system. Director Drake noted that as of one week ago the department was a month behind and as of tomorrow the department would be aught up. It was hoped that the department could improve on the two-week turn around although that can't be Town Council Meeting Minutes of April 18,2002 Page 3 of 9 guaranteed. The new process was working well and staff was very pleased with that. Director Drake stated that a new building inspector had been added to the staff, Mr. Mike Peters. She announced that the position of chief building official would be filled by the middle of next month. In addition, a new planner was hired which left only one key staff position unfilled. Director Drake stated that regular weekly staff meetings were being held to make sure that there was consistency the plan review and that the plans were being moved along in a timely fashion. Staff was also being encouraged to make over-the-counter approvals when possible. Staff was working towards the goal of five-day turn around for the issuance of pool/wall/gas line permits. She pointed out that forms had been consolidated and attached with informational packets so that there could be more clarity. She noted that the software program had yet not been purchased that would allow the plan review processes to be put on-line but staff still hoped to do that in the future. AGENDA ITEM#6-PUBLIC HEARING ON ORDINANCE 02-05,AMENDING CHAPTER 7,SECTION 7.03.B.8 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO MODIFY THE REQUIREMENTS FOR THE AISLE REQUIREMENTS FOR PARKING SPACES FOR PERSONS WITH DISABILITIES. Mayor Morgan recessed the regular session and opened the public hearing at 7:04 p.m. Director Drake stated that this was a consideration of amending the zoning ordinance to allow a parking aisle for persons with disabilities in the center of two parking spaces. She explained that under current ordinance the Town required a five- foot aisle way on the right hand side of each parking space for persons with disabilities. This amendment would allow that aisle way to be shared between two of those van accessible spaces. She noted that there was a separate requirement for sizes in the federal code for parking spaces for vans and cars. Since the Town only required the larger van accessible parking spaces for all spaces, the Town did not have that issue to deal with. She confirmed that, if approved, this amendment would meet the Federal standard for ADA requirements. She read the proposed change. Mayor Morgan asked where a disabled driver would exit the vehicle. Director Drake clarified that all of the parking spaces in the Town's ordinances complied with the van accessible parking spaces for persons with disabilities. She pointed out that normally the van access would be on the side. The Federal requirement was that the aisle way had to be on the right hand side or shared so this proposal did comply. Mr. Pederson noted that the van could back in depending upon the side that needed to be utilized. Director Drake said that if a person had a car, they would use the left hand side of the two (ittiopaces. Vice Mayor Kavanagh noted that since all these spaces were van size parking spaces, at a wider width of 11',there was the rationale that if the person were in a car, that person could pull the car closer to right side of the space which would result in approximately five feet of disabled parking space to enter and exit the vehicle. He thought that would be adequate. He pointed out that these spaces were extra large van spaces so that this spacing was allowed. Mayor Morgan asked for the reasoning for this proposed change. Director Drake responded that this was an attempt to fully comply with the Federal Regulations. She explained that because Fountain Hills' regulations were more restrictive,the Town had some leniency to remove some of the space, which would allow more parking areas. Councilwoman Hutcheson referred to a number of calls she had who saw this as the Town trying to make their life more difficult. She asked how someone would exit from the parking space on the left. Director Drake said that would be a problem if every single vehicle were a van. She clarified that the federal requirement for a car handicap space was 9' wide and these van handicap spaces were 11' wide. This allowed for an additional two feet of space on every space if a car utilized the van handicap space. She did not know what the ratio of van parking to car parking was in these handicap spaces in Town. Director Drake confirmed that the restriction before was much stricter. Councilwoman Hutcheson was concerned with changing the spacing requirements because not everyone parked in the middle of their spaces. She said she wouldn't be quite so concerned if the Town hadn't already had that space. Mayor Morgan asked if this change would be in effect from this point on or would the Town have to remark all the handicap spots now in existence. Director Drake said this would not be retroactive. The change would become effective 30 days from now if approved. Councilwoman Ralphe acknowledged that notice of the meeting had been posted and an article had been in the paper. She asked if the town had heard from anyone who was disabled or from the family of someone disabled. Director Drake said she had received only one call prior to the Planning and Zoning Commission meeting, but she had been out of town for a week before this Council meeting. Town Council Meeting Minutes of April 18,2002 Page 4 of 9 Mr.Pederson said that he had a statement to be read into the record at the appropriate time from a handicapped person who couldn't attend the Council meeting. Vice Mayor Kavanagh said that part of the problem was the diagram. He felt it was creating an impression that these spaces were not as large as they actually are. He said the first space should have been labeled "normal handicapped parking space" (9' — 19') as most people were thinking that that was the size of a normal Larking space. Director Drake clarified that the 9' x 19' was the size of normal parking space, not a handicapped parking space. Vice Mayor Kavanagh asked if that was the size of a non-van handicap spot. Director Drake said the Town had all of the handicap spaces as van accessible and did not discriminate between a van and car handicap space. She explained that the diagram showed the relationship between a handicap parking space and a normal parking space. Vice Mayor Kavanagh asked what the width was of a non-van handicap parking space. Director Drake reiterated that it was the same width as the normal car parking space -9' wide. Vice Mayor Kavanagh stated the actual ADA designation for a handicap parking space was simply marked handicapped parking. He said that if it were assumed that the average vehicle was six feet wide and most people parked in the center of a space, if a van and car pulled into the parking space and the disabled space centering the vehicles, then the space between would be approximately 11/2' extra on one side and on the other side there would be 2W. This would allow 4', which he felt was adequate. He felt that if the person needed more space they would utilize the space with a 5' area between. He was of the opinion that the majority of those who used the handicap parking spaces used cars. Mayor Morgan refuted Vice Mayor Kavanagh's statement. She felt that nine out of ten times a handicap vehicle would not be found parked in the center of a parking space. Most vehicles that she had observed were parked at an angle or closer to one side of the space. She did not feel the sizes of the parking spaces that Vice Mayor Kavanagh referred to were adequate to accommodate using a wheelchair without banging into the neighboring vehicle. Mr. Pederson read a prepared statement from Ms. Mary L. Murphy, 15307 E. Palomino Blvd., Fountain Hills. Ms. Murphy stated the proposed changes were not in compliance with the ADA Act of 1990. She requested that no action be taken on this issue until a response was received from the Allen Katz, Civil Right Division, as she had sent these documents to him for review. Frances Hoffman, 14215 N. Ashbrook She agreed that more space was better and she didn't want to see the spacing changed. ayor Morgan closed the public hearing the 7:16 p.m. AGENDA ITEM #7 - CONSIDERATION OF ORDINANCE 02-05, AMENDING CHAPTER 7,SECTION 7.03.B.8 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO MODIFY THE REQUIREMENTS FOR THE AISLE REQUIREMENTS FOR PARKING SPACES FOR PERSONS WITH DISABILITIES. Councilwoman Fraverd MOVED to approve Ordinance 02-05 as presented and Vice Mayor Kavanagh SECONDED the motion. Vice Mayor Kavanagh commented that the American Disabilities Act was a landmark federal law supported by people of most political persuasions. He stated that if these sizes complied with that law, which had massive input from those with disabilities, he did not see a problem with the spacing. He noted that the extra space would allow for the additional parking spaces for both disabled and non-disabled people. He did not have a problem voting for this. Councilwoman Hutcheson disagreed and would not support this amendment. While this did comply with federal regulation, it implied the optimum positioning of cars and that was not a routine matter. She commented that she had seen too many people struggling in and out of vehicles. If the Town had always done the other it would be one thing, but she said for some residents this would create a hardship. Councilman Melendez referred to Ms. Murphy's statement and asked the Town Attorney to give his legal opinion on her request to withhold Council action. Mr. Farrell said it was his opinion that the Town would probably not receive a definitive response from the Civil Right Division, as it appeared to be in total compliance with the regulations as an option. If it were in clear violation, the Town would no doubt be cited. The Division would probably defer the issue back to the Council and say that it was an option. Councilwoman Fraverd said that she would be supporting this. She commented that if there had been an overwhelming desire from the handicapped citizens that she not support this in the way of a call or letter, then she would reconsider her Town Council Meeting Minutes of April 18,2002 Page 5 of 9 thoughts. She stated that she had not heard from anyone, including Ms. Murphy. She did not see any reason not to move forward. The motion FAILED on a vote of 3 — 3. Mayor Morgan, Councilwoman Hutcheson, and Councilwoman Ralphe cast the ay votes. AGENDA ITEM #8 - CONSIDERATION OF A CUT WAIVER FOR "FIREROCK PARCEL C", A 23,132± ACRE, 116 UNIT MULTIPLE-FAMILY PROJECT PROPOSED TO BE LOCATED SOUTH OF SHEA BOULEVARD AND SOUTHWEST OF THE FIREROCK COUNTRY CLUB MAINTENANCE FACILITY DRIVE,CASE NUMBER CFW2001-09. Director Drake noted that the project manager, Senior Planner Dana Burkhardt, was not present and she would defer a greater portion of the presentation to the applicant and town engineer. She reviewed Senior Planner Burkhardt's staff report. Director Drake stated that the projects were substantially in conformance with the subdivision ordinance and zoning ordinance with the exception that it exceeded the cul-de-sac limitation by twelve units and exceeded the loop road standards by twenty-six units. She noted that this project was requesting several cut and fill waivers, which the applicant would address. Director Drake stated that this request was only for a preliminary plat. She stated that the Town's Sr. Civil Engineer Jim Leubner would review the stipulations. She then turned the presentation over to applicant's representative, David Simpson, of Odyssey Homes. Mr. Simpson gave an overview of the project. He displayed several visual boards of the project to the Council and the public. He announced that Mr. Matt Olsen, JMI's engineer, and Mr. Greg Bielli were in the audience and available for questions. He noted that it had been predetermined that the access road would be developed and enhanced to provide not only access to the golf course but to the site. He felt it was important that there would be one location to enter into the development that would be removed from Shea. He indicated where the emergency access vehicles would enter the development. He stated that the cut and fills related to areas primarily within the building, with a few outside the building that were related to roadwork and access to the individual units. Mr. Leubner reviewed stipulations contained in the staff memo. He said that stipulations 1 — 18 were standard and that Host would be resolved by the final plat. He addressed stipulations 5 and 8. Stipulation#5 had to do with errant golf balls ajectory. He noted that the applicant had agreed that there would be a final note on the plat about disclosing the situation of some lots being closer in proximity to errant golf balls within their yards. Stipulation#8 referred to improvements and would need to be inspected and approved by the Town Engineer prior to any occupancy of any unit in Parcel C. Vice Mayor Kavanagh asked if these lots were more in the realm of general proximity houses or were there lots that might have the problem that the Leutters had. Mr. Leubner acknowledged that there were two holes on the course that had homes within that range and could be hit by a golf ball. He stated that the developer, Mr. Bielli, could best answer that question. Vice Mayor Kavanagh said he knew there were homes on existing golf courses that had varying degrees of exposure. He did not think there had been that many requests for such houses as the Leutter situation, which had involved a driving range horror story. He asked if there was a potential for that type of situation here. Mr. Greg Bielli, Vice President of MCO and Project Manager of FireRock, responded that during the site walk he had been told that there were about six golf balls found in the area of these units. He felt that on the errant rate that this area was on the lower end. He reiterated a statement that he had made to the Planning and Zoning Commission. He said that an absolute zero tolerance rate on a golf course was very difficult to achieve but in the deed restrictions there were disclosures. He confirmed that the applicant had agreed to put on the final plat another public disclosure stating that there might be some errant golf balls. Vice Mayor Kavanagh asked if there would be a note on the deed restrictions. Mr. Bielli affirmed that statement was currently on the deed restrictions and recorded on the property that the balls were there. In fact, that was recorded throughout FireRock properties. Councilwoman Hutcheson MOVED to approve the Cut Waiver as presented and Councilman Melendez SECONDED the motion. Councilwoman Fraverd discussed the cut and fill waivers with the applicant, Mr. Simpson. He pointed out the cut and fill areas, noting those which had been reduced. Councilwoman Fraverd expressed concern about those on the project visuals that appeared to be visible from Shea and the larger area in the middle of the project. Mr. Simpson answered that the ones f ''` Town Council Meeting Minutes of April 18,2002 Page 6 of 9 on Shea were all contained within the building and not visible outside the building as were the larger areas in the middle of the project. ' ouncilwoman Fraverd questioned what the emergency road would look like from Shea. Mr. Simpson described how the oad would be constructed and sloped. He said that it wouldn't appear to be a road. Councilwoman Fraverd asked if landscaping would be added along the sides to camouflage the material used and scarring. Mr. Simpson said that to build this road would not result in scarring. How the pavement was treated so that it wouldn't even be seen would be more of an issue. Councilwoman Ralphe read a statement contained in the staff report regarding that the most noticeable cut would be on the northwest corner of the property in a cul-de-sac loop area approximately 135' south of Shea. She questioned how big that cut would be. Councilwoman Ralphe asked Mr. Simpson to describe how noticeable this cut would be from Shea. Mr. Simpson pointed out that the cuts and fills were on the sloped golf course side of the development and would not be viewed from Shea. Councilwoman Ralphe asked if there was someone else she should be directing her question to since the staff report stated "noticeable cut". Director Drake apologized that Senior Planner Burkhardt did not fill staff in as to which cut that was. She did not know what he was referring to in this report. She asked Mr. Olsen to respond. Mr. Olsen stated that Mr. Burkhardt might have been confused thinking that some of the cuts and fills were visible but they were all concealed. Michael Downes,Planning and Zoning Commissioner, 16616 E. Palisades Blvd. He mentioned that of the 49 buildings shown on the plan there were cut or fill waivers on 40 of them. Out of 116 units there were 61 that had asked for cut or fill waivers. Some of the cuts were very small but there were others that contained the bottom of the unit. He wanted the Council to be aware of the fact that there were a lot of cuts under many buildings. Councilwoman Fraverd asked what happened to the adjacent land next to those units with cuts/fills. Did it remain native? Mr. Simpson said that there would be some work done in a few of the areas but within the Town's ordinance requirements. Councilwoman Fraverd asked what the average distance was between the units. Mr. Simpson responded it varied,ranging between 9' —20'+depending upon the topography and the size of the unit. councilwoman Hutcheson asked what the maximum cut would now be since she understood that it was less than the MINIOroposed 20'. Mr. Simpson said that the cut on Building 35 had been reduced from 20' to between 16' — 17' and that was at the back wall in the corner. Councilwoman Hutcheson noted that these units were large in size, ranging from 1800 sq. ft. to 3000 sq. ft. She pointed out that even though the developer was entitled to 136 units there would now be 116 units, which gave her the idea that they were well spaced. Given the fact that the developer was dealing with very sloped land it was not unusual to have some cut and fill situations. She was impressed that they were not visible. Councilwoman Ralphe acknowledged that these were attractive buildings. She asked if the number of units on the cul-de- sac was 27. Mr. Simpson asked for help from the Planning Department. Director Drake asked if Councilwoman Ralphe was asking how many units were allowed or how many that there were. Councilwoman Ralphe asked how many units were there. Director Drake responded that under the subdivision ordinance 15 units were allowed. This application would exceed that count by 12 for a total of 27 on the cul-de-sac. She noted that there were 116 units in total, which according to the subdivision ordinance would be limited to 90 units. The motion CARRIED unanimously. AGENDA ITEM #9 - CONSIDERATION OF A PRELIMINARY AND F444 A 1 PLAT FOR "FIREROCK PARCEL C", A 23,132± ACRE, 116 UNIT MULTIPLE-FAMILY PROJECT PROPOSED TO BE LOCATED SOUTH OF SHEA BOULEVARD AND SOUTHWEST OF THE FIREROCK COUNTRY CLUB MAINTENANCE FACILITY DRIVE, CASE NUMBER S2001-032. Councilwoman Fraverd said Director Drake just commented on the number of units that would normally be allowed on a cul-de-sac. She felt that would be quite an attractive condominium complex if the quantity were to be cut in half. The fact that the Council was considering allowing for an emergency access certainly helped this developer maximize their profits and gave the Town something different at which to look. She stressed that she expected to see something gorgeous here Town Council Meeting Minutes of April 18,2002 Page 7 of 9 because of the consideration of the Council. Director Drake clarified that this was a consideration of the preliminary plat only at this time. Councilwoman Hutcheson MOVED to approve the Preliminary Plat as presented and Vice Mayor Kavanagh ECONDED the motion. Councilman Melendez asked Mr. Bielli if they had heard any objections from area residents. Mr. Bielli responded that they had not received any objections to his knowledge. He stated that they had always disclosed that this would be a town home project with possibly 136 units on that slope. Michael Downes,Planning and Zoning Commissioner, 16616 E. Palisades Blvd. He reminded this Council that when the Town became a town, a council approved an ordinance that said a development of this type, with one road in and looping around with a cul-de-sac, specifically in "Exhibit 3", that all lots should be sprinkled with 90 lots maximum. In the cul-de-sac there were 27 units where 15 should be allowed. He felt the emergency access road was fine for fire or police emergencies but it would not work for emergency evacuation of people who lived there. He said that could be corrected by connecting the road in the north to the road to the maintenance building. He did not know how this Council could approve something, which was in violation of the Town's ordinances. Town Attorney Bill Farrell clarified the situation. This Council and past Councils had reached agreements with developers of large tracts in exchange for certain concessions and contributions to the Town. The entire FireRock development was predicated on the donation of more than 360 acres of mountain preserve property. Development agreements had been used in situations where the overall development met both the general plan and the intent and spirit of the Code and in specific instances granted exemptions from the subdivision ordinance. These exemptions would be specified within the development agreement. He pointed out that the staff report reflects that at the time of this agreement. Parcel C called for a density of 136 units and the developer had reduced that number to 116. The cul-de-sac length and width issues and number of units were addressed in Parcel A and B, which were adjacent to this particular parcel. If this application were for a single lot or a single cul-de-sac outside a development agreement then clearly Mr. Downes would be correct, but in the total concept of the agreement between the land owner and the Town executed for FireRock, this preliminary plat conforms with the terms of that condition and the spirit of the agreement. \rr;ouncilwoman Ralphe said she had a difficult time supporting a preliminary plat that was built over what the subdivision allowed. She acknowledged that there was a development agreement in this instance and had been signed by a previous Council. She pointed out that this Council did not have much choice because of the development agreement. The motion CARRIED unanimously. AGENDA ITEM#10- CALL TO THE PUBLIC AND ADJOURNMENT. No one from the public came forward. Councilwoman Hutcheson MOVED to adjourn and Councilwoman Fraverd SECONDED the motion,which CARRIED unanimously. Mayor Morgan adjourned the meeting at 8:10 p.m. Town Council Meeting Minutes of April 18,2002 Page 8 of 9 TOWN OF FOUNTAIN HILLS /7 / By ,004.----- Sharon Morgan,Mayor ATIEST: 6444' )1,144....._, Cassie B.Hansen, Director of Administration/Town Clerk i PREPARED BY: _ �'� ( � .(7, Bev Bender,Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Executive Meeting held by the Town Council of Fountain Hills on the 181' day of April, 2002. I further certify that the meeting was duly called and that a quorum was present. )L...._, DATED this 2nd day of May 2002. Cassie B. Hansen,Director of Administration/Town Clerk L Town Council Meeting Minutes of April 18,2002 Page 9 of 9