1/12/04
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
TUESDAY, JANUARY 20, 2004
Notice is hereby given that the
Town Council of the Town of Cave Creek will hold an Executive Session during
its Regular Session, which begins at 5:00 p.m.
The Executive Session will be held to discuss those legal matters set
forth on the Executive Session Agenda set forth below, pursuant to A.R.S.
Section 38-431.03(A) (1), (3) and (7).
CALL TO ORDER 5:00 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.
EXECUTIVE
SESSION: An Executive Session will be held during the Regular Council
Session for legal matters pursuant to A.R.S. Section 38-431.03(A)(1), (3) and
(7) as follows:
EXECUTIVE SESSION AGENDA
1. Discussion
regarding the acquisition of the Cave Creek Water Company.
2. Discussion
regarding possible acquisition of real property.
3. Discussion
and consultation with the Town’s Attorney regarding finance issues.
4. Discussion
regarding the Town Manager’s contract of employment.
A.R.S.
Section 38-431.03(A)(1), (3) and (7)
Council
Action Needed: Motion to
convene into Executive Session.
The Public
Meeting will begin at 7:00 p.m. following the Executive Session.
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.
There are no reports scheduled for this meeting.
ACTION ITEMS
I.
CONSENT AGENDA
A.
Approval of the December 22, 2003 Regular Council
Meeting minutes.
B.
Municipal Court Baseline Certification for 2nd
Quarter Fiscal Year 2004 in an amount of $24,605.28 pursuant to A.R.S.
12-116.04.
C.
Deed of Gift to the Town for roadway easement on Echo
Canyon Road along the eastern boundary of parcel 216-16-018F owned by Terry
Zerkle and Katya Kincel.
D.
Deed of Gift to the Town for right-of-way on Blue Ridge
Place and Surrey Drive along the western and southern boundary of parcel
211-43-029 owned by Arnold M. Naches.
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.
PAGE# ITEM#
P.1
1. DISCUSSION AND POSSIBLE SECOND READING
OF ORDINANCE O2004-01 AMENDING THE CAVE CREEK TOWN CODE TITLE XV LAND USAGE,
CHAPTER 151 BUILDING REGULATIONS BY ADDING NEW SECTION 151.41 PURPOSE AND
INTENT; 151.42 DEFINITIONS; 151.43 GENERAL PROVISIONS; 151.44 PROCEDURES FOR
IMPOSITION, CALCULATION AND COLLECTION OF DEVELOPMENT FEES, AND REFUNDS; 151.45
ESTABLISHMENT OF A DEVELOPMENT FEE ACCOUNT, APPROPRIATION OF DEVELOPMENT FEES
AND REFUNDS; 151.46 APPEALS AND 151.47 EXEMPTIONS AND WAIVERS; PROVIDING FOR
CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE
Placed on the agenda by the Town
Attorney, Town of Cave Creek.
Public Comment
Council
Action Needed: Motion
to approve or deny approval of Second Reading of Ordinance O2004-01.
Narrative: The
Cave Creek Town Council adopted Ordinance O2003-17 on December 22, 2003 setting
the development fees for the Town of Cave Creek. This ordinance incorporates
into the Town Code the definitions, purpose and intent and procedures for
collecting and/or refunding those development fees. It also provides for a
method of appeals, exemptions and waivers, provides for conflicts and
severability and provides for an effective date.
PAGE# ITEM#
P.20
2. PUBLIC
HEARING AND FIRST READING OF ORDINANCE O2004-04 AMENDING THE CAVE CREEK ZONING
ORDINANCE, CHAPTER 4, USE DISTRICTS AND THE TOWN OF CAVE CREEK ZONING MAP BY
CHANGING THE CLASSIFICATION OF DESERT RURAL ZONING DISTRICTS FROM THEIR CURRENT
NOMENCLATURE TO DR-190, DR-89, DR-70 AND DR-43. (CASE A-03-02)
Placed on the agenda by the
Planning Department, Town of Cave Creek.
Public
Comment
Council
Action Needed: Following the Public Hearing, motion to approve or
deny approval to give First Reading to Ordinance O2004-04.
Narrative: In 1994 the Town adopted a zoning ordinance that was
unique to Cave Creek. A major difference between the Town of Cave Creek zoning
ordinance and that of Maricopa County was the adoption of Desert Rural zoning
district designations for large residential lots. Nominal acreage designations,
such as (D-5A) for five acre properties were added toe the Desert Rural
categories although the nominal designations were not reflective of the minimum
lot size for each underlying district.
Staff recommends amending the nomenclature for Desert Rural zoning
districts to reflect the minimum lot size requirements and thereby provide
clarification for applicants and citizens.
P.30
3. PUBLIC
HEARING AND FIRST READING OF ORDINANCE O2004-05 AMENDING THE CAVE CREEK ZONING
ORDINANCE, CHAPTER 4, USE DISTRICTS BY DELETING THE MOUNTAIN PRESERVATION (MP)
ZONING CLASSIFICATION AND AMENDING THE TOWN OF CAVE CREEK ZONING MAP BY
CHANGING THE CLASSIFICATION OF ANY PROPERTIES WITH THE CURRENT NOMENCLATURE OF
MOUNTAIN PRESERVATION (MP) TO DESERT RURAL (DR-89). (CASE A-03-03)
Placed on the agenda by the
Planning Department, Town of Cave Creek.
Public
Comment
Council
Action Needed: Following the Public Hearing, motion to approve or
deny approval to give First Reading to Ordinance O2004-05.
Narrative: This is a recommendation for Council to delete the
Mountain Preservation (MP) zoning classification and amend the Town of Cave
Creek zoning map, by changing the classification of any properties with the
current nomenclature of Mountain Preservation (MP) to Desert Rural (DR-89). The
bulk regulations of the current Mountain Preservation zoning district and the
proposed Desert Rural (DR-89) zoning district are identical. Hillside
regulations apply to any property within the Town limits whereby the building
site disturbs slopes of 15% or greater.
PAGE# ITEM#
P.39
4. PUBLIC
HEARING AND FIRST READING OF ORDINANCE O2004-06 AMENDING THE CAVE CREEK ZONING
ORDINANCE, CHAPTER 5, DEVELOPMENT STANDARDS, SECTION 2.B.2 BY DELETING THE
REQUIREMENT THAT ACCESSORY BUILDINGS AND ACCESSORY LIVING QUARTERS SHALL OCCUPY
THE SAME LOT AS THE PRINCIPAL USE OR BUILDING AND SHALL BE LOCATED WITHIN THE
BUILDABLE AREA OF THE REAR OR SIDE YARD AND REPLACING IT WITH THE REQUIREMENT
THAT ACCESSORY BUILDINGS AND ACCESSORY LIVING QUARTERS SHALL OCCUPY THE SAME
LOT AS THE PRINCIPAL USE OR BUILDING AND SHALL BE LOCATED WITHIN THE BUILDABLE
AREA OF THE PARCEL. (CASE A-03-04)
Placed on the agenda by the
Planning Department, Town of Cave Creek.
Public
Comment
Council
Action Needed: Following the Public Hearing, motion to approve or
deny approval to give First Reading to Ordinance O2004-06.
Narrative: This is a request for Council to consider amending
the Cave Creek Zoning Ordinance, Chapter 5, Development Standards, Section 2.B.2
based upon nine years of experience in applying the ordinance to site plan
review applications for single-family dwellings. Staff has processed seven variance requests in that time period.
In addition, staff has counseled countless applicants in redesigning site plans
to satisfy the ordinance, often resulting in poor planning efforts.
PAGE# ITEM#
P.47
5. PUBLIC
HEARING AND FIRST READING OF ORDINANCE O2004-07 AMENDING THE CAVE CREEK ZONING
ORDINANCE, CHAPTER 5.18.A BY DELETING THE REQUIREMENT THE “SWIMMING POOLS ARE
ALLOWED ONLY WITHIN THE BUILDABLE AREA, NOT WITHIN THE SETBACKS OF THE
DESIGNATED DISTRICT” AND REPLACING IT WITH THE FOLLOWING: IN THE DESERT RURAL
ZONING DISTRICTS, SWIMMING POOLS, INCLUDING ANCILLARY INSTALLATIONS, SHALL BE ALLOWED
ONLY WITHIN THE BUILDABLE AREA OF THE LOT AND SHALL NOT EXTEND INTO THE
REQUIRED YARD SETBACKS. IN THE SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS, THE
INTERIOR EDGE OF THE SWIMMING POOL DECKING SHALL BE LOCATED NO CLOSER THAN FIVE
(5) FEET FROM ANY PROPERTY LINE. (CASE A-03-06)
Placed on the agenda by the
Planning Department, Town of Cave Creek.
Public
Comment
Council
Action Needed: Following the Public Hearing, motion to approve or
deny approval to give First Reading to Ordinance O2004-07.
Narrative: This is a request for Council to consider amending
the Cave Creek Zoning Ordinance, by deleting Section 5.18 of the 2003
ordinance, which allows swimming pools only within the buildable area, not
within the setbacks of the designated district. The proposed Ordinance O2004-07 would allow swimming pools in the
Desert Rural Zoning Districts, including ancillary installations, to be allowed
only within the buildable area of the lot and shall not extend into the
required yard setbacks. In the Single Family Residential Zoning districts, the
interior edge of the swimming pool shall be located no closer than five (5)
feet from any property line.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS day of January, 2004
BY: ___________________________________
Carrie A. Dyrek,
Town Clerk