HomeMy WebLinkAbout2005.0915.TCREM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
September 15,2005
Mayor Nichols called the meeting to order at 5:03 p.m.
AGENDA ITEM #1 — VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. 38-
431.03.A.1, 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 THE DISCUSSION OR CONSIDERATION OCCUR AT A
PUBLIC MEETING. THE PUBLIC BODY SHALL PROVIDE THE OFFICER, APPOINTEE OR
EMPLOYEE WITH WRITTEN NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE
BUT NOT LESS THAN TWENTY-FOUR HOURS FOR THE OFFICER, APPOINTEE OR
EMPLOYEE TO DETERMINE WHETHER THE DISCUSSION OR CONSIDERATION SHOULD
OCCUR AT A PUBLIC MEETING. (SPECIFICALLY, INTERVIEWING PLANNING AND ZONING
COMMISSION APPLICANTS.) PURSUANT TO A.R.S. 38-431-02.A.4, FOR DISCUSSION OR
CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ODER 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, NEGOTIATIONS WITH RESPECT TO
STATE TRUST LAND AND CONTRACT NEGOTIATIONS WITH COACH 20, L.L.C.)
Vice Mayor Schlum MOVED to convene the Executive Session and Councilman McMahan SECONDED the
motion, which CARRIED UNANIMOUSLY by those present.
Vice Mayor Schlum recessed the Executive Session at 6:27 p.m.
AGENDA ITEM#2—RETURN TO REGULAR SESSION
Vice Mayor Schlum reconvened the Regular Session at 6:30 p.m. Following the invocation by Pastor Dave
Iverson,Fountain Hills, Christian Center,roll call was taken.
ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council:
Councilman Kehe, Councilman Kavanagh, Vice Mayor Schlum, and Councilman McMahan. Town Attorney
Andrew McGuire, Town Manager Tim Pickering, Senior Planner Bob Rodgers, Planner Kate Zannon, Town
Engineer Randy Harrel, Planning and Zoning Administrator Richard Turner and Town Clerk Bev Bender were
also present.
Mayor Nichols and Councilman Archambault were absent and excused from the meeting. Vice Mayor Schlum
noted that the Mayor was having some tests done because of a dizzy spell and was doing fine and should be
back real soon.
SCHEDULED PUBLIC APPEARANCED/PRESENTATIONS:
(i) The Mayor will introduce Kevin Adams, Legislative Director for the League of Arizona Cities
and Towns,who will provide a recap of 2005 Legislation.
Vice Mayor Schlum introduced Mr. Adams and said that he would provide a brief overview of the 2005
Legislation. Mr. Adams advised that a couple of months ago, the League offered all of the cities and towns in
the State the opportunity to receive a briefing on what occurred during the last legislative session and what they
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expect next year. He noted that the League Conference will take place next week and said that they will be able
to talk in much greater detail about a lot of the issues at that time. He referred to documents distributed to the
Council, including an overview of the major issues they went through during the past year and a yellow booklet,
the new laws report, that summarized all the new bills enacted that would have an impact on municipalities. In
addition, the Council was provided three separate one-page fact sheets that dealt with legislation that passed. He .4)
stated that they wrote a more detailed analysis of these because they were basically new laws that are going to
had to be implemented. He noted that the general effective date for bills to become law this year was August
12th, although there were some exceptions as far as the development fee reporting, which might become
effective this year or next. He added that the blue stake process reform would not take place until the beginning
of the next calendar year. He urged the Council and staff to contact the League if they had any questions
regarding the requirements. (Detailed copies of the documents are on file in the office of the Town Clerk.)
Mr. Adams outlined the various documents referred to above and noted that it was an extremely contentious
year but in the end they were relatively unscathed. He noted that a lot occurred in the area of local revenues and
local financing authorities and said that there were several significant attacks against State-shared revenue. He
reported that they were able to defeat that legislation with strong support from the President of the Senate and
Governor Napolitano. He added that some of the main backers of the legislation were also influential and had
pledged to bring the issue back next year. Mr. Adams summarized the information contained in the documents
and again encouraged anyone with questions to contact him at the League.
Vice Mayor Schlum thanked Mr. Adams for his presentation.
(ii) The Mayor will read a proclamation declaring October 2005 McDowell Mountain Month.
Vice Mayor Schlum stated that the preservation of the McDowell Mountains and the Sonoran Desert had been
established as a high priority for the Town and its citizens. He said that it was the desire of the Town to
celebrate the unique environment of its new reserve and the intent of Fountain Hills to raise awareness regarding
the need to preserve these valuable treasures for future generations. He noted that the McDowell Mountain
Preservation Commission had planned several events including an open house at the Community Center on
October 2nd and scheduled hikes. The Vice Mayor stated that it was his honor, on behalf of Mayor Nichols, to
declare October 2005 McDowell Mountain Month in the Town of Fountain Hills.
Mr. Pickering commented that this Saturday he attended the Valley Forward Awards Banquet and noted that the
Town of Fountain Hills won an award for the work that has been accomplished in the McDowell Mountains.
(iii) The Mayor will read a proclamation declaring September National Safety Preparedness Month.
Vice Mayor Schlum advised that the month of September had been declared National Safety Preparedness
Month by the United States Department of Homeland Security and added that a nation-wide effort to encourage
Americans to better prepare for emergencies in their homes, business and schools was underway. He said that
the month of September would provide Americans an opportunity to learn more about ways they could prepare
for an emergency. He noted that during this time, state and local governments, individual communities, private
businesses and non-profit organizations would host events to promote preparedness around the country to
encourage all Americans to prepare for emergencies. He added that the Public Safety Advisory Commission of
the Town of Fountain Hills would hold a Public Safety Day on September 18th at Fountain Park. The Vice
Mayor stated that it was his honor, on behalf of Mayor Nichols, to declare the month of September National
Safety Preparedness Month in the Town of Fountain Hills.
(iv) The Mayor will read a proclamation declaring September 16,2005 Stepfamily Day.
Vice Mayor Schlum stated that Stepfamily Day was enhanced by the Town's strong commitment to support the
stepfamilies of our nation in their mission to raise their children creating strong family structures to support the
individual members of the family and instill in them a sense of responsibility to all extended family members. .\4400)
He said that approximately half of all Americans were currently involved in some form of stepfamily
relationship and it was the vision of the founder and Stepfamily Association of America that all stepfamilies in
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America be accepted, supported, and successful. The Vice Mayor said that it was his honor, on behalf of Mayor
Nichols, to declare September 16, 2005 Stepfamily Day in the Town of Fountain Hills and encouraged everyone
to celebrate the many individual contributions stepfamilies have made to enrich the lives and life experiences of
(time the children and parents of America.
(v) The Mayor will read a proclamation declaring September 17, 2005 Constitution
Commemoration Day.
Vice Mayor Schlum said that the Constitution of the United States was adopted 218 years ago on September 17,
1787 to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common
defense, promote the general welfare and secure the blessings of liberty to ourselves and our posterity. He
added that this cherished document, borne of spirited contention and gracious compromise, provides a natural
gateway to that study of the past, which may enlighten their future. The Vice Mayor said that it was his honor,
on behalf of Mayor Nichols, to declare September 17, 2005 Constitution Commemoration Day and strongly
encouraged the citizens of Fountain Hills to renew their study of the duties of citizenship and rejuvenate their
dedication to the principles of the Constitution.
CALL TO THE PUBLIC:
Ray Olmscheid, 16823 E. Mallory Court, addressed the Council and noted that the Town of Fountain Hills has
been actively seeking a cinema for quite some time. He advised that he was contacted about a year ago by
Phyllis Kern of Century 21 and asked to look at the potential of developing a theatre in the heart of Fountain
Hills. He said that it has taken him six months to get here but Phyllis left him no choice. He advised that Ms.
Kern set up a meeting and he met with the Fountain Hills' Town Manager, Planning staff, the Mayor, some of
the Councilmembers, Frank Ferrara and several other members of the Chamber of Commerce to discuss the
viability of developing a theatre in the community. A parcel of land of approximately four acres in size, located
adjacent to the Town Hall and Community Center, was suggested as a possible site. As an incentive to develop
‘160, the theatre on that site, the Town offered a cross-easement parking agreement on the Town's property. An
extensive market study was conducted and it was determined that Fountain Hills could support a 12 to 14-screen
theatre, a megaplex theatre, complete with stadium seats. It was further determined that with the cross-easement
for Town parking, they could park the theatre to code. He noted that cross-easement means that anyone visiting
the Town or anyone coming up during the art festivals could park just about anywhere on Town land or his land.
The Town can park on his land and he can park on Town land, a very fair agreement.
Mr. Olmscheid advised that within weeks of their decision to move forward with the theatre, an additional eight
acres of land was offered to them, perhaps providing them the opportunity of developing a lifestyle center in the
Town and commented that this proposal was worth researching. Market studies indicated that the time was right
to develop the entire 13 acres with complementary retail and condo loft housing. They determined that
approximately 20 acres exists in the entire community of retail land to be developed as a retail center and the 13
acres was located in the heart of the downtown area. He said they were excited about the prospect of being able
to create a true downtown within Fountain Hills. On February 4th of this year,he entered escrow on the 13 acres
of Town Center property to develop a lifestyle center — a live, work and play environment, which was an old
concept that was becoming increasingly popular in the United States. It recreates the old historic urban
downtown or central commerce districts and noted that a good example would be Kierland Commons. He
pointed out that most lifestyle centers were located around movie theatres or some type of entertainment venues.
In his discussions with Mr. Pickering, he agreed to pay for all of the engineering, construction, paving, lighting,
and landscaping for approximately four acres of Town property, which would be dedicated to cross-easement
parking. He also agreed to deliver an art park at a cost of approximately $1.2 million and provide the Town
with a 25-year theatre lease executed by a reputable southern California operator. He said that when he found
out that the Town was going to begin extensive improvements on Avenue of the Fountains, he agreed to
replicate on his side of the street exactly what was going to be done by the Town on the other side. He
Copy emphasized that he has never asked the Town for anything until now.
Mr. Olmscheid commented that the project was to be developed in three separate venues, one that was
entertainment and consists of a 14-screen theatre, condo lofts and retail development. The cost of the project
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was $70 million and, when completed, would have a value in excess of$100 million. It was his intent to begin
construction on the theatre and condos as part of Phase I and construction time on these projects was
approximately one year. Construction would begin on the retail about three months later, since retail
construction would only last six months, and it was their intent that at the grand opening all of the venues would
open at the same time. The retail was to be done in phases and he had hired two of the top three retail brokers in
the Valley to market this project. At their suggestion, marketing would not begin until approval of the proposed
development had been received from the Town.
Mr. Olmscheid stated that the only thing he wanted from the Town of Fountain Hills was the assurance that
when they close escrow, they would have a parking cross-easement agreement in place. He asked the Council to
consider signing the agreement and holding it in escrow until he closed on the property and noted that if the
escrow did not close, the agreement just went away. The project was dependent on the synergism of the movie
theatre, which was dependent upon the parking agreement. Because of the magnitude of the project, $70
million, and the dollars involved by the lender, the theatre tenant and the developer (Mr. Olmscheid), they
needed the assurance that the Town was truly behind the development.
Vice Mayor Schlum thanked Mr. Olmscheid for his comments and update and noted that staff and the Town
Manager would work with him on this issue. He said that the Council was excited about the project.
Frank Ferrara, speaking on behalf of the Chamber of Commerce, said that he believed that the Council was
indeed excited about the project and should grant Mr. Olmscheid his request to ensure that in escrow an
agreement was signed to guarantee that the project would go forward. He said that the Chamber was so excited
about the project that the entire Executive Committee was present at the meeting just to listen to the comments
that were going to be made. He noted that he for one was very pessimistic during the last few weeks because he
thought that the project was dying. He said that anyone who attended the meeting this morning heard the
Chamber's tourism plan, a plan that makes the downtown area synergized and necessary to implement any type
of a plan for Fountain Hills. He stated that he heard talk of condo lofts, retail, movie theatres,upscale shopping
and even low-scale shopping as long as it was manageable and very good. He pointed out that the developer
was asking for a simple agreement and assurance and noted that the precedent had already been set as far as
parking—agreements were in place at Plaza Fountainside. He stated that there was no legal risk, this was just a
request for a piece of paper and some assurance and urged the Council to grant his request.
Jerry Kirkendoll, 11405 Cameron Court, said that Durango has approximately the same population as the Town
of Fountain Hills, 22,000, and has a 14-screen movie theatre and all of the things that the Town wants to get
including first class stores, eating places, places for people to live, benches, lights, etc. He added that they are
doing great and the proposed project will accomplish the same end results for the Town. He stated that if they
do not proceed with the project, it will be years and years before the downtown area is completed and most
likely half of it will be more office buildings. He pointed out that they are millions of dollars in debt and need
this revenue generator. He commended the Council on the good job they have done to get the Town out of debt
and said that now is not the time to make bad decisions. He urged the Council to approve the request.
Carol Crane, 13629 Mesquite Lane, read a letter that she said she would also forward to the Council, Mr.
Pickering and the editor of the Fountain Hills Times regarding the upcoming random survey to be sent out
soliciting additional public opinion on the Strategic Plan. She said that she was requesting consideration that
three questions be included in the survey and added that as a participant in both the April and August Town Hall
Sessions, she applauded the Town's continuing efforts to solicit citizen input via the upcoming Strategic Plan
Survey. The development of the downtown area was one of the most critical and pressing issues facing the
future of Fountain Hills and no one knows whether the current proposal for the downtown area will become a
reality, although it did appear to be approaching that with this evening's conversation. Whether it moved
forward or not, it would be nice to know how the average resident felt the area should evolve. She said that as
far as she knows, they know the feelings of the Chamber of Commerce and the Council but questioned whether
the opinions of the average resident were known. She added that for this reason she could not think of a more
productive and democratic way to get a random sampling than via the upcoming survey.
40111.
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Ms. Crane proposed that the following question be included in the survey: (1) Should solely residential units
(i.e. condos) be allowed to directly face the Avenue of the Fountains between Saguaro Boulevard and La
Montana? This would not exclude residential units from being located on adjacent streets within the zoned C-2
L., District or possibly above the commercial space as was mentioned tonight. (2) Is a 24-screen cinema best
suited near the Avenue of the Fountains and La Montana or an area offering easier accessibility and parking,
such as Shea Boulevard, either near Target or the Beeline Highway or perhaps along Palisades and Saguaro
Boulevards in the old municipal complex? (3) Should an architectural review board, composed of trained
design professionals, be established to develop aesthetic guidelines and review future development of the Town
Center's specific plan (vis-a-vis Plat 208) in conjunction with the Planning and Zoning Commission? A
common misconception among residents was that such issues were addressed by the Planning and Zoning
Commission. Their primary function, however, was to review compliance with zoning ordinances and code
issues, not aesthetic issues of architectural compatibility. The results of not having a Design Review Board with
established guidelines are presently evident with the ad hoc mixture of styles and aesthetics currently found.
Was this the direction in which we want to continue? Many critical issues addressed in the Strategic Plan such
as the Senior Center or Aquatic Center target specific groups of residents. The downtown area, however, affects
every resident of Fountain Hills regardless of age or income and she said she believed residents must be allowed
to express their opinions while the opportunity still exists.
Art Tolis 16815 E. Briarwood Avenue, stated that the theatre business was a phenomenal one and added that he
grew up in the business; his family started the first theatres in Connecticut in the 50's and so he was very
familiar with the industry and what it could bring to a community. He said that the project would draw people
to the downtown area and they would spend money and generate revenues for the community. He expressed the
opinion that this would be an integral part of the whole development of the downtown area. He noted that he
did not support the implementation of a property tax and believed that the Town should be doing everything
possible to increase sales taxes, people and dollars coming into the local community. He said that employment
for locals within the community with a project such as this was going to be considerable and added that there
was nothing more exciting than having high school youths work in their community in a theater such as the one
L being proposed. He stated that he liked the idea of having the complex located in the Town's center and
stressed the importance of keeping the people in the Town and ensuring that their dollars were spent in Fountain
Hills rather than surrounding communities. He noted that he had seen the plan and knew that the developer and
Town staff had put a lot of time into the project and thanked them for their efforts. He asked the Council to
move forward and place this item on an agenda for discussion and consideration without delay.
Vice Mayor Schlum thanked all of the speakers for their comments.
CONSENT AGENDA
Vice Mayor Schlum read the following consent agenda items:
AGENDA ITEM#3-CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF
09/01/05.
AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 2005-49, ABANDONING WHATEVER
RIGHT, TITLE OR INTEREST THE TOWN HAS IN A CERTAIN DRAINAGE EASEMENT
LOCATED AT FIREROCK COUNTRY CLUB, PARCEL G, LOT 6, FOUNTAIN HILLS, ARIZONA,
SEGUNDO DRIVE) AS RECORDED IN BOOK 147 OF MAPS, PAGE 2, RECORDS OF MARICOPA
COUNTY, ARIZONA, AS RECORDED IN BOOK 503 OF MAPS, PAGE 41 RECORDS OF
MARICOPA COUNTY,ARIZONA,WITH STIPULATIONS.
AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 2005-50, ADOPTING A POLICY
REGARDING THE FUNDING AND USE OF THE CAPITAL IMPROVEMENT SPECIAL REVENUE
FUND.
Livor
AGENDA ITEM#6- CONSIDERATION OF RESOLUTION 2005-36, PROVIDING PUBLIC NOTICE
OF THE REGULAR 2006 PRIMARY AND GENERAL ELECTIONS, DESIGNATING THE
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ELECTION DATES AND PURPOSE OF ELECTION, DESIGNATING THE DEADLINES FOR
VOTER REGISTRATION,AND DESIGNATING THE PLACE AND LAST DATE FOR CANDIDATES
TO FILE NOMINATION PETITIONS.
AGENDA ITEM#7—ADOPTION OF RESOLUTION 2005-48,DECLARING THE FLOOR DAMAGE No)
PREVENTION CODE A PUBLIC RECORD.
AGENDA ITEM #8 — ADOPTION OF ORDINANCE 05-09, ADOPTING THE FLOOR DAMAGE
PREVENTION CODE BY REFERENCE, AMENDING CHAPTER 14 (FLOOR DAMAGE
PREVENTION)OF THE TOWN CODE AND DECLARING AN EMERGENCY.
Councilman Kavanagh MOVED to approve the Consent Agenda as read and Councilman McMahan
SECONDED the motion.
A roll call vote was taken with the following results:
Councilman Kehe Aye
Vice Mayor Schlum Aye
Councilman Kavanagh Aye
Councilman Schlum Aye
Mayor Nichols Absent
Councilman McMahan Aye
Councilman Archambault Absent
The motion CARRIED UNANIMOUSLY by those present(4 to 0).
ACTION AGENDA
AGENDA ITEM #9 —PUBLIC HEARING OF ORDINANCE 05-10, A TEXT AMENDMENT TO THE ,41)
ZONING ORDINANCE TO CREATE A NEW OPEN SPACE PRESERVATION ZONING DISTRICT
(OSP), IN ANTICIPATION OF REZONING THE MCDOWEL MOUNTAIN PRESERVE TO OPEN
SPACE PRESERVATION. CASE#Z2005-02.
The Vice Mayor declared the Public Hearing open at 7:10 p.m.
Mr. Pickering addressed the Council regarding this agenda item and advised that staff has been working on this
text amendment for quite some time. He explained that the issue came up that the Town did not have
appropriate zoning for its open space up in the mountains and so staff wanted to take a look at that. He noted
that the issue was brought forward from the McDowell Mountain Commission. He added that Bob Rodgers,the
Town's Senior Planner, had been working on this and would provide an update.
Mr. Rodgers stated that at the January 6, 2005 Town Council meeting, the Council initiated this zoning change,
which was rezoning the McDowell Mountain Preserve to Open Space Preservation (OSP). He added that the
following March, the McDowell Mountain Preservation Committee held their meeting and made
recommendations regarding the staff report at the time. They recommended that rather than discontinuing the
Open Space Conservation (OSC) District, a new OSP District be created while keeping the OSC in place in
order to provide added flexibility. The following May, the Town Council again listened to the staff report and
also made similar requests. He added that they also wanted to maintain their final approval of authority over
any proposals that might go into this District and did not want any decisions relegated to staff for administrative
approval. This past August, the Planning and Zoning Commission held their public hearing and recommended
approval of the OSP Zoning District and this evening the public hearing was being conducted to solicit citizen
input.
'00010)
Mr. Rodgers advised that the zoning amendments were in two parts with the first being a text amendment
revising the text in the Zoning Ordinance to create a new Open Space Preservation Zoning District and the
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second part was the map amendment, which was the second public hearing the Council would be holding and
that would be to revise the Zoning Map to include the entire McDowell Mountain Preserve and the OSP Zoning
District. He explained that the proposed text amendment would create a new OSP Zoning District and new
language and amends the existing language to be included in the Zoning Ordinance. Adopting the text
Nvor amendment would create a new OSP Zoning District. There were eight total sections being revised in the
Zoning Ordinance and the first four were just "housekeeping items," including revising the table of contents in
the Ordinance; revising Section 2.01h to create a Section "C," (Section "A" relates to the OSC District and
Section `B" relates to the OSR District) and this would relate to the OSP District and simply required the
approval of the property owners any time any property within the Town was zoned one of the recreational
districts; revising Section 3.01 to add the OSP District to the list of Zoning Districts within the Ordinance. Mr.
Rodgers added that they would also be revising Chapter 9, the title of the Chapter dealing with the OSP District.
Mr. Rodgers stated that the last four sections were the real "meat" of the Ordinance. He referred to Section 9.02
Permitted Uses and noted that it currently contained two Sections, Section "A" that relate to the OSC District
and Section `B" that relate to the OSR District. He pointed out that the Ordinance change would be to add
Section "C," Permitted Uses Within the OSP Zoning District would be undeveloped natural land and open
space, parks and nature preserves, archeological or historic sites, public trailheads with related facilities within
the McDowell Mountain Preserve, public trailheads or related facilities and land other than the McDowell
Mountain Preserve, utilities, water tanks, emergency easements and similar structures. He said that it needed to
be noted that Section Nos. 4, 5 and 6 would be with specific Town Council approval. He added Section 7 was
the final"catch all" saying that nothing else could go in that park. He noted that revisions to Section 9.04 would
be adding a new Section "C" regarding the Open Space Preservation Zoning District and would state that, "In
the OSP Zoning District, the height of any building shall not exceed 20 feet". He said that for comparison sake,
in the OSC District no buildings were allowed and the OSR District allowed buildings up to 30-feet tall.
Mr. Rodgers further stated that Section 9.05 would create a new Section "C" regarding the OSP Zoning District
and this would create yard regulations, which represent the Town's basic setback regulations for any structures.
Lie The front yard would be required to have a depth of 60 feet, side yards would be required to have 30 feet and
there would be a rear yard requirement of 60 feet. He stated, for example, that Section "A" of the OSC District
did not allow buildings so there would be no requirements and Section `B" was the same as the proposed
Section "C" as far as yard requirements, Section 9.06, Intensity of Use Regulations, would add three new
Sections after "G" and "H," all regarding the OSP Zoning District requiring that the lot area per building be at
least ten acres; maximum lot coverage anywhere would be 5%; and the minimum distance between any two
buildings in the Preserve would be ten feet.
Mr. Rodgers advised that staff recommends that the proposed Ordinance be approved and adopted as presented.
Councilman Kehe referred to Staff's recommendations and asked whether water tanks were included as
permitted uses. He noted that there was a water tank already located on the property. Mr. Rodgers said that one
was going to be constructed and added that there was also one other tank.
Town Engineer Randy Harrel addressed the Council and confirmed that one water tank was currently under
construction in the Preserve (a Chaparral City water tank that is up by Eagle's Nest) and added that another one
was shown at the time the Town acquired the Preserve, in the Eagle Ridge North area. He said that to the best
of his knowledge, those were the only two tanks that were anticipated in the Preserve area.
Councilman Kehe commented that the proposed language would allow additional water tank development and
Mr. Rodgers agreed that it would allow it but noted that those were the only two sites that were a part of the
Town's acquisition of the property so anything else would require specific Town Council approval.
Councilman Kehe referred to Sections 905 and 906 and asked what the justification was for those two sections
since development would not occur up there. Mr. Rodgers replied that there would be building within the park—
L.,
a trailhead, a water tank, etc. Councilman Kehe commented that he was talking about development in a
conventional sense, i.e. homes with yards, properties and so on. He questioned the rationale for indicating what
the lot sizes should be, the front yard and side yard setbacks, etc. Mr. Rodgers explained that there would be
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structures and even though they would not be the conventional type of development, the guidelines should be in
place to address the structures.
Councilman Kehe asked Mr. McGuire whether this would appear to be an "invitation" so to speak for
,400)development and Mr. McGuire responded that he did not believe that specifying the size of any lot out there
would in any way eviscerate the other requirements or prohibitions regarding what could be built in the District.
He added that this was more focused on the applications outside of the Town's property where there might be
much smaller lots. He said that this would indicate that if there was an Open Space designation, they were
going to have to meet certain minimum requirements. He emphasized that it constituted an additional set of
regulations and not a"loosening" of existing regulations.
There being no additional comments,the Vice Mayor declared the public hearing closed at 7:20 p.m.
AGENDA ITEM #10 - CONSIDERATION OF ORDINANCE 05-10, A TEXT AMENDMENT TO THE
ZONING ORDINANCE TO CRATE A NEW OPEN SPACE PRESERVATION ZONING DISTRICT
(OSP), IN ANTICIPATION OF REZONING THE MCDOWELL MOUNTAIN PRESERVE TO OPEN
SPACE PRESERVATION. CASE#Z2005-02.
Councilman Kavanagh MOVED and Councilman McMahan SECONDED a motion to approve Ordinance 05-
10 as presented by staff, which CARRIED UNANIMOUSLY by those present(4-0).
AGENDA ITEM #11 —PUBLIC HEARING OF ORDINANCE 05-11, WHICH WOULD AMEND THE
"OFFICIAL ZONING DISTRICT MAP FOR THE TOWN OF FOUNTAIN HILLS"TO REZONE THE
MCDOWELL MOUNTAIN PRESERVE FROM THE "R1-43" SINGLE-FAMILY ZONING
DISTRICT,TO THE OPEN SPACE PRESERVATION ZONING DISTRICT(OSP). CASE#Z2004-09.
Vice Mayor Schlum declared the Public Hearing open at 7:20 p.m.
Mr. Rodgers addressed the Council and stated that this represented an amendment to the Zoning Map, which
,440)
would take the newly-created District and apply it to the map. He noted that the current Preserve (740 acres, 9
properties all owned by the Town) are currently zoned R-143, single-family house lots. He added that this
would amend the Zoning Map to reflect a change to rezone the McDowell Mountain Preserve from the "RI-43"
Single-Family Zoning District to the "OSP" Open Space Preservation Zoning District. He said that staff
recommends approval of Ordinance 05-11 as presented.
Roy Kinsey, Chairman of the McDowell Mountain Preservation Commission, thanked the Planning staff for
their efforts to develop the new zoning definition. He also noted that the efforts were to preserve the land
forever and the step to change the zoning from R1-43 to OSP was a big step in that direction. He noted that in
the Master Plan for the Preserve it stated that the land should be preserved by such zoning.
Vice Mayor Schlum thanked Mr. Kinsey for his comments.
There being no other speakers wishing to comment at this time, the Vice Mayor declared the Public Hearing
closed at 7:22 p.m.
AGENDA ITEM #12 — CONSIDERATION OF ORDINANCE 05-11, WHICH WOULD AMEND THE
"OFFICIAL ZONING DISTRICTS MAP FOR THE TOWN OF FOUNTAIN HILLS," TO REZONE
THE MCDOWELL MOUNTAIN PRESERVE FROM THE "R1-43" SINGLE-FAMILY ZONING
DISTRICT,TO THE OPEN SPACE PRESERVATION ZONING DISTRICT(OSP). CASE#Z2004-09.
Councilman McMahan MOVED and Councilman Kehe SECONDED a motion to approve Ordinance #05-11
as recommended by staff. The motion CARRIED UNANIMOUSLY by those present(4-0).
AGENDA ITEM #13 — CONSIDERATION OF A SPECIAL USE PERMIT FOR A NEXTEL ***111)
WIRELESS FACILITY AT CROSSROADS CONVENIENCE CENTER. SU#2005-03.
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I
Mr. Pickering advised that discussions had taken place with Nextel and they wanted to locate a cell tower in the
Town of Fountain Hills in order to improve coverage. He said that Planner Kate Zannon would provide an
overview of this item.
Le. Ms. Zannon informed the Council that this evening the Council had two requests before them from Nextel. The
first was to approve the placement of an antenna on top of an existing SRP power pole and noted that the pole
was within an SRP easement and was approximately 63 feet 5 inches in height and the antenna would be
approximately 9 feet high, bringing the total height to 72 feet 5 inches. She added that in order to support the
antenna,they were also proposing to build an equipment shelter, which would be located on the northeast side of
the Desert Dog property. She noted that the shelter would encompass approximately 120 square feet. She
added that the second request was to place a temporary antenna on the site while the permanent facility was
under construction. She said that the temporary facility was approximately 336 square feet and would have a
telescopic retractable structure on top of it reaching to 40 feet in height. She advised that both the permanent
facility antenna as well as the temporary would be painted gray to minimize the visual impact and blend into the
landscape. There would be screening, both landscaping and a block wall and an 8-foot block wall was already
being proposed along the north side of the property. She said that staff felt that the natural landscaping on the
north side of the wall would be sufficient and the landscaping was in the Crossroads Property Owners
Association. The site would be minimally visible from Wendy's parking lot. She added that there would be no
direct screening of the temporary facility since it would be sitting on asphalt but said that staff believes that the
applicant was working to minimize the impact.
Ms. Zannon advised that the existing power pole was set back approximately 74 feet from the closest property
line, so even with the addition of the 9-foot pole, that only brings the height to 72 feet 5 inches and the
requirement was a setback equal to the height of the pole. There are residential properties located across the
wash and they are approximately 260-feet from the equipment shelter and the requirement was that they be set
back a distance of 300% to the height of the tower, therefore requiring the tower with the antenna to be at least
217 feet away and they are at a minimum of 260 feet. The equipment shelter was to be further screened by
being fenced in as well as gated at the rear of the property. She said that staff recommends approval of the
coe Special Use Permit with the five stipulations as outlined. She displayed a visual of what some of the facilities
look like for the benefit of the Council.
Town Clerk Bev Bender advised that the applicant had submitted a card to speak if there were any questions she
could respond to.
Vice Mayor Schlum asked whether the C.O.W. would require a generator in order to have permanent power.
Ms. Zannon replied that it would require a generator. She added that to date no concerns have been expressed
regarding possible noise because of the generator. She said that the applicant could better explain some of the
noise associated with the equipment.
The Vice Mayor stated that he would like to hear from the applicant on this issue.
Stacy Perna, representing SRP Telecom, advised that Nextel would like the structure to remain up as long as it
takes to get the permanent site in order to provide optimum coverage. She added, however, that they understood
the six-month stipulation and noted that there would just be a"gap"in coverage for anyone who lived in the area
as well as people driving through and using the commercial properties in the area. She reported that the
generator would operate 24-hours a day, 7 days a week and added that she could obtain specific information
from the carrier relative to the equipment's decibel readings if the Council so desired.
Vice Mayor Schlum responded that he was just curious and he believes there are codes in place to handle any
problems should they occur.
Councilman Kavanagh asked whether just the one by Shea would have the generator and Ms. Perna said that
was correct and noted that the permanent site would have SRP power. She estimated that the nearest residence
was approximately 260 feet away.
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11111.
Councilman Kehe asked whether the neighborhood notification requirements were met and Ms.Perna responded
that they did notify the neighbors. She explained that the reason they could not run permanent power was
because the temporary site had to be in a different location from where the permanent building would be located
and they could not run power to something that was just going to be up for six months. She noted that the cost
of trenching would be prohibitive.
Councilman Mcmahan asked whether the generator would have the latest sound-suppressing features and Ms.
Perna stated that she could research that issue and provide the Council with that information.
Vice Mayor Schlum thanked the Council and Ms. Perna for their comments.
Councilman McMahan MOVED to approve Special Use Permit SU #2005-03 for a Nextel wireless facility at
Crossroads Convenience Center as outlined by staff. The motion CARRIED UNANIMOUSLY by those
present(4-0).
AGENDA ITEM #14 — CONSIDERATION OF A SITE PLAN FOR THE HERTZ CORPORATION
LOCATED AT 11803 N.SAGUARO BOULEVARD. CASE#PD2005-02.
Mr. Pickering advised that Planning and Zoning Administrator Richard Turner would provide an overview of
this agenda item.
Mr. Turner informed the Council that approval of the site plan for "Hertz Local Edition" was required by the
Zoning Ordinance. He said that Hertz would occupy a 645-square foot suite in a small existing shopping center
that is zoned C-3. Surrounding properties were zoned C-3, C-1 and R-3 and the Fountain Hills Street
Department yard was located north of the site and currently in operation. There were commercial uses to the
northwest and southeast and condominiums across Saguaro Boulevard. The shopping center was developed in
the County and did not meet many of the Town's current site development standards. The Planning and Zoning
Commission recommended approval of the application on August 25t. The proposed use appeared to be
compatible with other businesses in the shopping center. Staff was satisfied that the parking available for this
use was adequate and recommended approval subject to stipulations contained in the report.
Skip Graham, 11802 N. Saguaro Boulevard, one of the owners of the shopping center,commended the City and
staff for working with them and helping them with an older building. He said that they were asking for one
exception and he was present to request that the Council consider the exception. He stated that when they
originally talked about paving a portion of the alley, the cost was $2,000 and noted that the bids came in at
$30,000, a cost, which they find prohibitive for their 645-square feet of rental income. He noted that Hertz was
a Fortune 500 Company and would generate revenues for the Town of Fountain Hills. He stated the opinion that
paving the alley would not have any more affect than it has had for the last 30 years in this center. He noted that
almost all of the parking had been moved out to the front. He requested that the Council approve the exception
and said that it would be economically unfeasible for them to spend$30,000 on the paving.
Councilman Kavanagh noted that the application stated that the applicant needed four spaces for employees,
rental cars and customers and asked whether that was the total number of spaces that would be utilized by the
establishment. Mr. Turner responded that it was, three spaces in front and an employee space behind.
Councilman Kavanagh commented that basically the rental car company would never have more than two cars
available for rental and Mr. Turner said two or three and explained that that was how the business operated.
Councilman Kehe asked whether people would be dropping cars off, one-way rentals, and Mr. Turner stated the
opinion that the three spaces would accommodate that situation. He added that it would be operated on a
complaint situation and if complaints were received that Hertz was using more than their allotted spaces, staff
would act on that.
Councilman McMahan commented that they usually move the cars in and out pretty fast but noted that the back
alley would also be used for car servicing and washing. Mr. Turner responded that his impression was that the
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rear alley was going to be used for employee parking more than anything else but agreed they could also clean
the cars in that area.
Councilman Kavanagh stated that one of the reasons why the parking is estranged is because one of the other
Noe stores in the center is a furniture store and requires one parking space per 800 square feet, which is "lean" by
parking standards. He said that in the event the Council grants the request and down the road the furniture store
leaves, he wanted to know whether that would mean that the only other stores that could be rented in that
existing furniture store would be a business that has parking needs of 1 car per 800 square feet or less. Mr.
Turner replied that if a request came in for another business in the shopping center, staff would have to do an
evaluation of the parking for all of the uses there to make sure that there was adequate parking.
Vice Mayor Schlum requested input from staff regarding the paving issue.
Mr. Pickering said that there might be a solution to the problem and advised that the Town's contractor could
perform the paving work for$5,000. He said that staff could put the applicant in touch with the contractor in an
effort to work out a deal. He commented that the paving would cut down on the dust, which was an important
issue.
Vice Mayor Schlum asked whether the Council should amend the stipulations.
Mr. Mcguire stated that there are two ways to proceed — either say that the paving stipulation for the alley is
contingent upon the cost coming back at a certain dollar amount or less or the could leave the stipulation as is
and then it will be at the applicant's risk that the stipulation will cost more than the $5,000 estimated cost. He
added that it may be better to leave it without a cap in case the estimate is a few dollars higher and if the cost
comes back high, the applicant can come before the Council and restate his case.
Vice Mayor Schlum requested that staff work with the applicant on this matter.
(low Councilman Kehe asked whether they were going to remain with the three parking spaces and Mr. McGuire said
that they would keep the requirements as they were now and if the cost was prohibitive after the applicant and
contractor talk, then staff would probably come back before the Council to talk about that stipulation.
Councilman Kavanagh MOVED to approve the site plan for the Hertz Corporation, Case #PD2005-02 and
Councilman McMahan SECONDED the motion, which carried unanimously by those present(4-0).
AGENDA ITEM #15 - COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY
PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS
FOR FUTURE MEETINGS.
None.
AGENDA ITEM #16 — COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. ITEMS
LISTED BELOW ARE RELATED ONLY TO THE PROPRIETY OF (i) PLACING SUCH ITEMS ON
A FUTURE AGENDA FOR ACTION OR (ii) OR DIRECTING STAFF TO CONDUCT FURTHER
RESEARCH AND REPORT BACK TO THE COUNCIL:
None.
AGENDA ITEM#17—SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER
Mr. Pickering stated that he would work with the applicant on the paving issue.
LAGENDA ITEM#18—ADJOURNMENT
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Councilman McMahan MOVED that the Council adjourn and Councilman Kavanagh SECONDED the motion,
which CARRIED UNANIMOUSLY by those present(4-0). The meeting adjourned at 7:47 p.m.
TOWN OF FOUNTAIN LLS „440
By ` "
Wally Nichol ,Mayor
ATTEST AND
PREPARED BY:
Bevelyn J. nde ,Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held
by the Town Council of Fountain Hills on the 15th day of September 2005. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 6th day of October 2005.
Bevelyn J. B der, own Clerk
'40)
,40)
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