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                        AMENDED 9/26/02

 

Americans with Disabilities Act Notification: In accordance with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504), the Town of Cave Creek does not discriminate on the basis of disability in the admission of or access to, or treatment or employment in, its programs, activities, or services. For information regarding rights and provisions of the ADA or Section 504, or to request reasonable accommodations for participation in Town programs, activities, or services contact the Town Clerk, 37622 N. Cave Creek Rd., Cave Creek, AZ 85331; (480) 488-1400.

NOTICE AND AGENDA

SPECIAL TOWN COUNCIL MEETING

TOWN OF CAVE CREEK, ARIZONA

TUESDAY, OCTOBER 1, 2002

 

CALL TO ORDER 7:00 PM.  Vincent Francia, Mayor, 37622 N. Cave Creek Road, Cave Creek, AZ.

 

ROLL CALL   Mayor Vincent Francia, Vice-Mayor Ralph Mozilo, Council Members Bruce Flickinger, Gilbert Lopez, Grace Meeth, Shea Stanfield, Jerry Whitmore.

 

PLEDGE OF ALLEGIANCE

 

PROCLAMATION – The Mayor will proclaim October 26, 2002 as “Make a Difference Day” in the Town of Cave Creek.

 

CALL TO THE PUBLIC

Residents/Visitors are encouraged to comment about any matter not included on the agenda. State Law prevents the Council from taking action on items not on the agenda, except to set them for consideration at a future date.  Please limit your comments to three (3) minutes.

 

I.            GENERAL AGENDA ITEMS

If you wish to speak to the Council about any item included on the agenda for action, please complete a Request to Speak form and place it in the box at the end of the staff table.  The Town Clerk will call your name at the appropriate time.  Copies of any reports, photographs, diagrams, charts, maps, or other materials presented to the Council must be given to the Town Clerk for inclusion in the Official Town Record.

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P.1

1.         PUBLIC HEARING AND FIRST READING OF ORDINANCE O2002-12 ADOPTING CHAPTER 6, MULTIPLE RESIDENCE ZONING DISTRICTS OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF NOVEMBER 2, 2002 (Town Council voted to reconsider this item at the September 16, 2002 Regular Council Meeting.)

 

Placed on the agenda by the Town Council, Town of Cave Creek.

PAGE# ITEM#

 

This is a request for the Council to hold a public hearing, then give First Reading to an ordinance that would adopt Chapter Six, Multiple Residence Zoning Districts of the Zoning Ordinance by reference.

 

Public Hearing

Council Action Needed:            Following the public hearing, motion to approve or deny giving first reading to Ordinance O2002-12.

 

P.10

2.         APPROVAL OF FINAL PLAT FOR HABITAT FOR HUMANITY (CASE # F-02-01)

 

                        This is a request for approval of a final plat for Habitat for Humanity.

 

Case Number:  F-02-01 Habitat for Humanity

            Applicant:            Habitat for Humanity Desert Foothills

            Location:            38248 Hazelwood Circle

            Parcel No.:            211-08-030

            Request:Final Plat Approval for a 4-unit Condominium on 6,962 sq. ft.

                        Zoning:                        Multi-Residential (MR-43) Zoning District

 

Public Comment

Council Action Needed:            Motion to approve or deny approval of the final plat.

 

P.25

3.         SECOND READING OF ORDINANCE O2002-10 ADOPTING CHAPTER 4, ZONING DISTRICTS OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF NOVEMBER 1, 2002

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to give Second Reading to an ordinance that would adopt Chapter Four, Zoning Districts of the Zoning Ordinance by reference.

 

Public Comment

Council Action Needed:            Motion to approve or deny giving second reading to Ordinance O2002-10.

 

 

 

 

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P.33

4.         SECOND READING OF ORDINANCE O2002-19 ADOPTING CHAPTER 11, HILLSIDE AND WASH DEVELOPMENT REGULATIONS, OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF NOVEMBER 1, 2002

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to give Second Reading to an ordinance that would adopt Chapter 11, Hillside and Wash Development Regulations of the Zoning Ordinance by reference.

 

Public Comment

Council Action Needed:            Motion to approve or deny giving second reading to Ordinance O2002-19.

 

P.54

5.         SECOND READING OF ORDINANCE O2002-21 ADOPTING CHAPTER 13, PARKING PROVISIONS OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF NOVEMBER 1, 2002

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to give Second Reading to an ordinance that would adopt Chapter 13, Parking Provisions of the Zoning Ordinance by reference.

 

Public Comment

Council Action Needed:Motion to approve or deny giving second reading to Ordinance O2002-21.

P.63

6.         SECOND READING OF ORDINANCE O2002-24 ADOPTING CHAPTER 16, WIRELESS COMMUNICATIONS OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF NOVEMBER 1, 2002

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council give Second Reading to an ordinance that would adopt Chapter 16, Wireless Communications of the Zoning Ordinance by reference.

 

 

PAGE# ITEM#

 

Public Comment

Council Action Needed:            Motion to approve or deny giving second reading to Ordinance O2002-24.

P.76

7.         SECOND READING OF ORDINANCE O2002-25 ADOPTING CHAPTER 17, NON-CONFORMING USES OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF NOVEMBER 1, 2002

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to give Second Reading to an ordinance that would adopt Chapter 17, Non-Conforming Uses of the Zoning Ordinance by reference.

 

Public Comment

Council Action Needed:            Motion to approve or deny giving second reading to Ordinance O2002-25.

P.81

8.         SECOND READING OF ORDINANCE O2002-30 ADOPTING CHAPTER 19, SPECIAL EVENTS OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF NOVEMBER 1, 2002

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to give Second Reading to an ordinance that would adopt Chapter 19, Special Events of the Zoning Ordinance by reference.

 

Public Comment

Council Action Needed:            Motion to approve or deny giving second reading to Ordinance O2002-30.

P.94

9.         SECOND READING OF ORDINANCE O2002-33 ADOPTING CHAPTER 20, DESIGN GUIDELINES AND PRINCIPLES OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF NOVEMBER 1, 2002

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to give Second Reading to an ordinance that would adopt Chapter 20, Design Guidelines and Principles of the Zoning Ordinance by reference

PAGE# ITEM#

 

Public Comment

Council Action Needed:Motion to approve or deny giving second reading to Ordinance O2002-33.

P.99

10.       SECOND READING OF ORDINANCE O2002-26 ADOPTING APPENDIX ‘A’ - DEFINITIONS OF THE TOWN OF CAVE CREEK ZONING ORDINANCE, BY REFERENCE, AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF NOVEMBER 1, 2002

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

This is a request for the Council to give Second Reading to an ordinance that would adopt Appendix ‘A’ - Definitions of the Zoning Ordinance by reference.

 

Public Comment

Council Action Needed:Motion to approve or deny giving second reading to Ordinance O2002-26.

 

P. 120

11.       SECOND READING OF ORDINANCE NO. O2002-34 AMENDING THE DELAYED EFFECTIVE DATE OF ORDINANCES O2002-02, O2002-06, O2002-07, O2002-10, O2002-11, O2202-12, O2002-13, O2002-14, O2002-15, O2002-16, O2002-17, O2002-18, O2002-19, O2002-20, O2002-21, O2002-22, O2002-23, O2002-24, O2002-25, O2002-26 AND O2002-33 FROM NOVEMBER 1, 2002 TO JANUARY 6, 2003; AUTHORIZING THE TOWN CLERK AND ZONING ADMINISTRATOR TO REVISE THE ALPHA NUMERIC PORTION OF THE ZONING CODE FOR CONSISTENCY AND CORRECT FOR CONSISTENCY ALL SPELLING AND GRAMMATICAL ERRORS.

 

This is a request for the Council to give Second Reading to an ordinance that would adopt and ordinance amending the effective date of ordinances O2002-02, O2002-06, O2002-07, O2002-10, O2002-11, O2202-12, O2002-13, O2002-14, O2002-15, O2002-16, O2002-17, O2002-18, O2002-19, O2002-20, O2002-21, O2002-22, O2002-23, O2002-24, O2002-25, O2002-26 and O2002-33 from November 1, 2002 to January 6, 2003; authorizing the Town Clerk and Zoning Administrator to revise the alpha numeric portion of the Zoning Code for consistency and correct for consistency all spelling and grammatical errors.

 

Public Comment

Council Action Needed:            Motion to approve or deny giving second reading to Ordinance O2002-34.

 

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P.122

12.       AUTHORIZE EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED $10,892.00 TO SHEPPARD MULLIN RICHTER & HAMPTON FOR PROFESSIONAL SERVICES RENDERED ON BEHALF OF QUIET SKIES

 

Placed on the agenda by the Town Administration, Town of Cave Creek.

 

This is a request for Council to approve or deny authorizing the expenditure of funds in an amount not to exceed $10,892.00 to Sheppard Mullin Richter & Hampton for professional services rendered on behalf of Quiet Skies. The funds were donated to the Town of Cave Creek by citizens supporting the Quiet Skies efforts.

 

                        Public Comment

Council Action Needed:            Motion to approve or deny authorizing the expenditure of funds in an amount not to exceed $10,892.00.

 

13.  DISCUSSION AND POSSIBLE ACTION ON A MOTION TO

RECONSIDER THE DENIAL OF EXCEPTIONS TO THE SUBDIVISION ORDINANCE FOR PROPERTY LOCATED EAST OF 72ND STREET, THE SOUTH HALF OF SECTION 14, T6N, R4E, CONTINENTAL MOUNTAIN ESTATES (CASE P-01-03) AND IF RECONSIDERATION THEREOF IS APPROVED, SETTING A DATE FOR RECONSIDERATION OF MONDAY, NOVEMBER 4, 2002

 

Placed on the agenda by the Town Administration, Town of Cave Creek

 

This is a request for the Council to reconsider the denial of exceptions to the Subdivision Ordinance for property located East of 72nd Street, the South half of Section 14, T6N/R4E, Continental Mountain Estates (Case 9-02-03) and if approved setting a date to reconsider of Monday, November 4, 2002

 

Public Comment

Council Action Needed:            Motion to approve or deny reconsideration of the

denial of exceptions to the subdivision ordinance

for Continental Mountain Estates (Case P-01-03)                       

 

 

 

 

SUMMARY OF CURRENT EVENTS BY MAYOR

 

ADJOURNMENT

 

POSTED THIS               day of September, 2002

 

BY: ___________________________________                                                          

Carrie A. Dyrek, Town Clerk