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AMENDED 7/30/04

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

                                      MONDAY, AUGUST 2, 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 6:00 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) (3) and (4).

 

CALL TO ORDER 6:00 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) (3) and (4) as follows:

 

                                                EXECUTIVE SESSION AGENDA

            1.    Discussion and consultation with the Town’s Attorney to discuss the

       amendment to a Final Plat for the Knolls subdivision.

2.   Discussion and consultation with the Town’s Attorney regarding Cahava

                              Springs Pre-annexation Development Agreement.

 

            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

 

1.         Vice Mayor Ralph Mozilo will give a report on his recent conversation with MAG (Maricopa Association of Governments) regarding a proposal to spray for the prevention of the West Nile virus.

 

ACTION ITEMS

 

I.                   CONSENT AGENDA

A.                 Approval of the July 6, 2004 Regular Council Meeting minutes

B.                 Approval of the July 19, 2004 Regular Council Meeting minutes

C.                 Approval of Deed of Gift to the Town for dedicated right-of-way for Spur Cross Road through triangular section at eastern boundary of parcel 211-02-004J owned by William Wicevich and Rebecca Lester

D.                Approval of Deed of Gift to the Town for 25-feet of dedicated right-of-way for Highland Road along the southern boundary of parcel 216-20-001owned by Walter and Marina Schuster

E.                 Approval of Deed of Gift to the Town for 20-feet of non-vehicular equestrian/pedestrian easement through Ocotillo Wash owned by Mary Hart

F.                  Approval of Deed of Gift to the Town for 20-feet of non-vehicular

equestrian/pedestrian easement through Ocotillo Wash owned by Robert and Dale Lynn Nevin

                        G.        Approval of Deed of Gift to the Town for 20-feet of non-vehicular

equestrian/pedestrian easement through Ocotillo Wash owned by William and Jacinta Nelson

 

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 FIRST READING OF ORDINANCE O2004-25 AMENDING THE ZONING ORDINANCE AND MAP THERETO, BY REZONING A PARCEL FROM MULTI-FAMILY RESIDENTIAL (MR-14) TO PLANNED UNIT DEVELOPMENT (PUD) (THE KNOLLS SUBDIVISION) LOCATED WITHIN THE CORPORATE LIMITS OF THE TOWN OF CAVE CREEK

                        (This item is continued from the July 19, 2004 Town Council Meeting)

 

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

 

                        Public Comment

Council Action Needed:         Motion to approve or deny approval of First Reading of ordinance O2004-25.

 

Narrative:       The owner and developer of The Knolls subdivision has filed a request to amend the final plat to allow for limited lot reconfiguration.  The Planning Commission recommended approval of the proposed lot changes (F-04-01) at its May 6, 2004 public hearing.   The case had been advertised and forwarded to the Town Council for review.

 

In researching the case staff found that, although this subdivision was approved as a Planned Unit Development (PUD) in 1998, no ordinance was approved to clarify the zoning standards that would apply to the subdivision.  The subdivision is under construction.  While the developer is requesting some changes to lot

orientation, staff has prepared an ordinance for review by the Town Council that rezones this parcel as a Planned Unit Development (PUD) subject to the development standards as described in Exhibit “B”.

           

 

P. 7

2.         PUBLIC HEARING, DISCUSSION AND POSSIBLE APPROVAL OF AN AMENDMENT TO A FINAL PLAT FOR THE KNOLLS SUBDIVISION. (CASE NO. F-04-01)

(This item is continued from the July 19, 2004 Town Council Meeting.)

 

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

CASE NO:      F-04-01; Amend Final Plat; The Knolls Subdivision

APPLICANT:  Windsor Cave Creek, LLC

LOCATION:   The Knolls Subdivision; 38426 N. Jacqueline Drive

ZONING:        Multi-Family Residential (MR-14)

REQUEST:      Amend final Plat by adjusting five (5) lots in the approved and recorded subdivision.

 

PAGE# ITEM#

 

Public Hearing

Council Action Needed:         Motion to approve or deny approval of an amendment to a Final Plan for the Knolls Subdivision; case F-04-01.

 

P. 19

3.         DISCUSSION AND POSSIBLE APPROVAL OF SECOND READING OF ORDINANCE O2004-24 AMENDING THE 2003 INTERNATIONAL FIRE CODE.

 

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

 

                        Public Comment

Council Action Needed:         Motion to approve or deny approval of Second Reading of Ordinance O2004-24.

 

Narrative:  The majority of the amendments to the 2003 International Fire Code are amendments that are currently in effect as amendments to the adopted 1997 Uniform Fire Code.  The main exceptions are that this ordinance would require all new single-family homes be equipped with an automatic fire sprinkler system and it would address potential fire hazards in grass-, grain-, brush- and forest-covered lands.

 

P. 35

4.         DISCUSSION AND POSSIBLE ACTION ON THE ADOPTION OF RESOLUTION R2004-15 APPROVING THE TOWN OF CAVE CREEK HAZARD MITIGATION PLAN

 

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

 

                        Public Comment

Council Action Needed:         Motion to approve or deny adoption of R2004-15

 

Narrative: This is a resolution to adopt the Hazard Mitigation Plan of the Town of Cave Creek

 

P. 43

            5.         PUBLIC HEARING, DISCUSSION AND POSSIBLE APPROVAL OF A

PRELIMINARY PLAT FOR A 12-LOT SUBDIVISION ON

APPROXIMATELY 60 ACRES IN DR-190 ZONING DISTRICT (CASE

NO. P-04-02 HIGHLANDS AT CANYON RIDGE)

 

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

 

Public Comment

Council Action Needed:         Motion to approve or deny Preliminary Plat for Case No. P-04-02 Highlands at Canyon Ridge

 

CASE NO:       P-04-02; Approval of Prelimary Plat; Highlands at Canyon Ridge

APPLICANT:  Town & Country Development, Inc.

LOCATION:    Parcel 211-16-025 NE Corner of 52nd Street & Cloud Road

ZONING:         DR-190 Zoning District

REQUEST:      Approve Preliminary Plat

 

Narrative:  This is a request to approve a final plat for a 12-lot subdivision on approximately 60 acres in DR-190 Zoning District, Case No. P-04-02 Highlands at Canyon Ridge.

 

 

SUMMARY OF CURRENT EVENTS BY MAYOR

 

 

ADJOURNMENT

 

POSTED THIS  _________ day of July, 2004

BY: ___________________________________                                                          

Carrie A. Dyrek, Town Clerk