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AMENDED 8/14/03

 

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

REGULAR TOWN COUNCIL MEETING

TOWN OF CAVE CREEK, ARIZONA

MONDAY, AUGUST 18, 2003

 

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 Gilbert Lopez, Grace Meeth, Terry Smith, Shea Stanfield, Jay Williams.

 

PLEDGE OF ALLEGIANCE

 

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.

 

REPORTS – The following reports are for Council discussion only.  There will be no action taken except to set an item for Council consideration at a future date.

 

1.         Mayor Francia regarding Council point-person appointments; General Plan and Town Code Process

 

ACTION ITEMS

 

I.            CONSENT AGENDA

 

Approval of the July 21, 2003 Regular Council Meeting minutes.

 

Council Action Needed:Motion to approve the items listed on the Consent Agenda.

 

 

II.            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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1.         SECOND READING OF ORDINANCE O2003-05 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF CAVE CREEK, MARICOPA COUNTY, ARIZONA, AMENDING TITLE III: ADMINISTRATION, CHAPTER 31, TOWN OFFICERS, BY AMENDING SECTION 31.21 MARSHAL, AND AMENDING CHAPTER 32, POLICE DEPARTMENT BY AMENDING SECTIONS 32.01 AND 32.07 AND REPEALING SECTIONS 32.02 THROUGH 32.06 OF THE TOWN CODE OF THE TOWN OF CAVE CREEK

 

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

 

This is a request for the Council to give Second Reading to an ordinance amending the Town Code regarding Police Department to correctly reflect duties and responsibilities related to Police functions.

 

                        Public Comment

Council Action Needed:            Motion to approve or deny approval of the Second Reading of Ordinance O2003-05.

 

P. 

2.         DISCUSSION ONLY REGARDING CONSIDERATION OF ANNEXING TO THE DAISY MOUNTAIN FIRE DISTRICT

 

Placed on the agenda by Council members Shea Stanfield, Terry Smith, and Jay Williams, Town of Cave Creek.

 

This is a request for Council to have discussion only regarding the possibility of all or a portion of Cave Creek being annexed into the Daisy Mountain Fire District.

 

                        Public Comment

Council Action Needed:            No action will be taken.

 

 

 

 

 

 

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3.         PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT FOR A PET RESORT AND ANIMAL CLINIC (CASE SUP-02-01)

 

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

 

                        Case: SUP-02-01            Special Use Permit

                        Applicant:         Judith Brown

                        Owner:            Judith Brown

              Location:  5026 E. Carefree Hwy, generally the northeast corner of Carefree Hwy and 50th Street

(211-47-40A)

              Request:  Consideration of Special Use Permit for a pet resort and animal clinic building

Zoning:            Desert Rural (D-2.5A) Residential Zoning District

 

Public Hearing

Council Action Needed:            Following the Public Hearing, motion to approve or deny approval of the Special Use Permit for Case SUP-02-01.          

 Narrative:  The applicant has been in the process of seeking approval for a pet resort and animal clinic in a Desert Rural (D-2.5A) zoning district for approximately two years.  The applicant has complied with staff direction to make the physical use of the site meet the requirements of underlying zoning.  However, the applicant must still demonstrate to the Town Council that the particular proposed use will satisfy the criteria for a special use permit

 

As per ARTICLE 16-9 SPECIAL USES, SECTION 3.A.,the Planning Commission or Town Council have the authority to impose conditions and safeguards necessary to protect and enhance the health, safety and welfare of the surrounding area.  The authorization of a special use permit shall not be made unless the evidence presented establishes:

 

       1. That such use will not, under the specific circumstances of the particular case, be

           detrimental to the health, safety or general welfare of the surrounding area.

 

      2. That the proposed use is necessary or desirable or provides a service or facility that

          contributes to the general well being of the area.

 

At the November 21, 2002 public hearing, the Planning Commission recommended denial of the Special Use Permit.

 

 

 

 

 

 

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4.         PUBLIC HEARING AND APPROVAL OF SITE PLAN (CASE SPR-03-02)

 

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

 

Case:          SPR-03-02 Site Plan Review

                        Applicant:         Ric Slaughter

                        Owner:            Ric and Barbara Slaughter

              Location:  Generally located along the east side of N. Cave Creek Road and south of the intersection of N. Cave Creek Road and E. Hohokam

Request:    Recommendation of Approval of a Site Plan for commercial building located on a parcel of approximately 33,441 sq. ft.

Zoning:            Commercial Core (CC) Zoning District

 

Public Hearing

Council Action    

Needed:  Following the Public Hearing, motion to approve or deny approval of the Site Plan for Case SPR-03-02

 

Narrative:  The proposed Site Plan is for a Commercial Development (a veterinarian clinic).  The Project Narrative indicates that the proposed development will utilize smaller building masses so as to give the project a more residential scale.  Along with the building scale, the developer has indicated that details such as wood vigas, heavy metal straps and stucco will be utilized to architecturally give the project a ranch town character.

 

The subject project is located on a 33,441 sq. ft. (.77 acres) parcel; more particularly on a portion of Tract B of the Hidden Valley Subdivision.

 

The Site Plan Review proposal, as originally submitted, contains the preliminary design and layout for a single two-story structure along with an attached covered patio area.  The total project originally contained 9,732 sq. ft. under roof.  The applicant has subsequently indicated that the proposed usage of the site is to be that of a veterinarian clinic and that associated lot coverage is to be reduced so as to accommodate a proposed change in use and in order to meet the Town of Cave Creek’s on-site parking requirements.    

 

Parking is located along the west, north and south sides of the parcel.  The proposed Site Plan, as originally submitted, indicated that a total of thirty-three (33) parking spaces would be provided.  Town Staff shall review off-street parking for compliance with the TOCC Zoning Ordinance at the time of building permit submittal.

 

 

 

 

 

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5.         PUBLIC HEARING AND APPROVAL OF PRELIMINARY PLAT (CASE P-03-01)

 

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

 

Case:             P-03-01 Preliminary Plat

                        Applicant:         Habitat for Humanity Desert Foothills

                        Owner: Habitat for Humanity Desert Foothills

              Location:  38402 N. Basin Road

              Parcel No.  211-08-029 (Lot 24, Moon Ridge)

              Request:  Recommendation of Approval of Preliminary Plat for a

                           four-unit condominium (Saguaro Condominiums)

Zoning:            Multi-Family Residential (MR-43)

Public Hearing

Council Action Needed:            Following the Public Hearing, motion to approve or deny approval of the Preliminary Plat for Case P-03-01)

 

Narrative:  The Desert Foothills Chapter of Habitat for Humanity has acquired a parcel adjacent to and north of the chapter’s first project, known as Cholla Condominium.  This proposal, a preliminary plat called Saguaro Condominium, entails four units comprised of two duplexes on a lot having an area of 9,784.51 square feet.  Each duplex is shown to be two stories and a maximum of 22’ in height.

 

SUMMARY OF CURRENT EVENTS BY MAYOR

 

ADJOURNMENT

 

POSTED THIS  14th  day of August, 2003

BY: ___________________________________                                                          

Carrie A. Dyrek, Town Clerk