2/9/04

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, FEBRUARY 17, 2004

 

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.

 

There are no reports scheduled for this meeting.

 

ACTION ITEMS

 

I.                   CONSENT AGENDA

 

A.                 Approval of the January 20, 2004 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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P.1

1.         SECOND 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:            Motion to approve or deny approval to give Second 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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2.         SECOND 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:            Motion to approve or deny approval to give Second 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.

P.20

3.         SECOND 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:            Motion to approve or deny approval to give Second 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.

 

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4.         SECOND 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:            Motion to approve or deny approval to give Second 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.

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5.            RENEWAL OF OFF-TRACK WAGERING LICENSE

 

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

 

Public Comment

Council Action Needed:            Motion to approve or deny a renewal of off track wagering license requested by Phoenix Greyhound Park at The Satisfied Frog Restaurant.

 

Narrative:            This is a request for Council to consider a renewal of an off-track wagering license requested by Daniel A. Luciano, General Manager of Phoenix Greyhound Park.  The license would be for off-track wagering for the period from February 17, 2004 through December 31, 2004 at the Satisfied Frog Restaurant, located at 6245 E. Cave Creek Road.

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6.         DISCUSSION AND POSSIBLE ACTION TO ADOPT A TOWN OF CAVE CREEK CODE ENFORCEMENT POLICY

 

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

                        Public Comment

 

Council Action Needed:            Motion to adopt a Town of Cave Creek Code Enforcement Policy.

 

Narrative:             The Town of Cave Creek Town Prosecutor prepared a draft Code Enforcement Policy for Council’s consideration, which outlines a proactive approach to enforcing any Town Code violations. Currently the Town operates on a complaint-driven Code Enforcement policy.

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7.         ADOPTION OF RESOLUTION R2004-01  ACKNOWLEDGING AND AUTHORIZING THE REQUEST FOR ASSISTANCE FOR WATER INFRASTRUCTURE FINANCE AUTHORITY (WIFA) PROJECT TECHNICAL ASSISTANCE.

 

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

                        Public Comment

 

Council Action Needed:            Motion to approve Resolution R2004-01.

 

Narrative: The Town of Cave Creek is WIFA Project Technical Assistance funds to hire an engineer to evaluate the Cave Creek Water Company facilities, capital improvements needed, assess regulatory requirements to be met, and to provide a report addressing those and any other items that would bear on the value of the company.

P.48

8.         APPROVAL OF A NON-CONFORMING USE MODIFICATION FOR BLACK MOUNTAIN BAPTIST CHURCH. (CASE NCU-03-01)

 

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

 

                        CASE NUMBER:NCU-03-01 BLACK MTN. BAPTIST CHURCH

                        Non-conforming Use Modification

APPLICANT:                        Black Mountain Baptist Church, Pastor Bob Nealy

                        OWNER:                                 Black Mountain Baptist Church

                        ASSESSOR’S PARCEL NUMBER:                        211-46-049A

                        LEGAL:                                   Part of the NE ¼ of Sec. 8, T5N, R4E

                        LOCATION:Generally located at the southeast corner of N. Cave Creek Rd. and E. Yolantha St. at 33955 North Cave Creek Road (see Exhibit A – Vicinity Map).

 

REQUEST:Approval of Case No.: NCU-03-01 BLACK MTN. BAPTIST CHURCH – Non-conforming Use Modification, a request for a Non-conforming Use Modification to allow for the construction of a new 7,812 sq. ft. worship facility addition on the subject parcel.  The subject parcel has a total area of 192,971 sq. ft. (see Attachment #1)

                        CURRENT ZONING:Desert Rural (D-1A) Zoning

                        SURROUNDING ZONING:North, South, East & West: Desert Rural (D-1A) Zoning

                        CURRENT LAND USE:                        Existing Black Mountain Baptist Church

                        SURROUNDING LAND USE:

                        North:                        Single-family residences

                        East:                          Single-family residences       

                        South:                         Single-family residences                               

            West:              North Cave Creek Road

 

Public Hearing

Council Action Needed:            Motion to approve a non-conforming use modification for Black Mountain Baptist Church; Case No. NCU-03-01

Narrative:            This is a request for Council to consider a request for a Non-conforming Use Modification to allow for the construction of a new 7,812 sq. ft. worship facility addition on this parcel.  The parcel has a total area of 192,971 sq. ft.

P.55

9.         DISCUSSION AND POSSIBLE FIRST READING OF ORDINANCE O2004-02 AMENDING THE TOWN CODE, TITLE VII, TRAFFIC CODE, CHAPTER 72: PARKING REGULATIONS BY ADDING A NEW HEADING PRIVATE PARKING ADDING NEW SECTIONS 72.50 – PRIVATE PARKING AREAS – GENERALLY; 72.51 – CONSENT; NOTICE TO PUBLIC; 72.52 – PERMISSION REQUIRED TO REMOVE VEHICLES; 72.53 – NOTICE TO SHERIFF; 72.54 – MAXIMUM TOWING CHARGES; TWENTY-FOUR HOUR VEHICLE RETRIEVAL AND 72.55 – PENALTIES; PROVIDING FOR AN EFFECTIVE DATE AND SEVERABILITY

 

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

 

Public Comment

Council Action Needed:            Motion to approve first reading of Ordinance O2004-02.

 

Narrative:       This is a request for discussion and possible First reading of an ordinance adding a new section to the Town Code regarding Private Parking regulations, which is consistent with the provisions of A.R.S. 9-499.05 and A.R.S. 28-4836.  The two state statutes allow a private property owner to post restrictions on parking on private property and to cause vehicles parking in violation of those restrictions to be towed from the private property without the consent of the owner.

 

 

SUMMARY OF CURRENT EVENTS BY MAYOR

 

ADJOURNMENT

POSTED THIS          day of February, 2004

BY: ___________________________________                                                           

Carrie A. Dyrek, Town Clerk