11/08/04
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, NOVEMBER 15, 2004
CALL TO ORDER
7:00 P.M. 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
PUBLIC
ANNOUNCEMENTS – General Announcements of interest to members of Council and the
public. There will be no discussion on
any announcements.
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
There are no
reports scheduled.
ACTION ITEMS
I.
CONSENT AGENDA
A.Approval of October 4, 2004
Regular Town Council Meeting minutes.
B.Approval of October 18, 2004
Regular Town Council Meeting minutes.
C.Deed of Gift to the Town for
dedication of 30 feet of right-of-way along the south side of parcel
211-48-004V at the northwest corner of the Las Ventanas Subdivision for
dedicated right-of-way to the future wastewater treatment plant site; the
parcel is owned by Mark and Phyllis Billington.
D.Deed of Gift to the Town for
dedication of 50 feet of roadway easement for Grapevine Road at the southeast
corner of parcel 216-20-016A owned by Lynne Stoneberg.
E.Deed of Gift to the Town for
dedication of 50 feet of roadway easement for Grapevine Road at the southeast
corner of parcel 216-20-017A owned by Ming Hor Yee and Sue Goon Yee.
F.Deed of Gift to the Town for
dedication of 50 feet of roadway easement for Grapevine Road through the middle
of parcel 216-20-017B owned by Suzanne R. Hartung.
G.Deed of Gift to the Town for
dedication of 50 feet of roadway easement for Grapevine Road through parcel
216-20-019A owned by Norma Jane Clarke.
H.Deed of Gift to the Town for
dedication of 25 feet of roadway easement for Grapevine Road along the south
side of parcel 216-20-020B owned by Richard L. Hall.
I.Deed of Gift to the Town for
dedication of 25 feet of roadway easement for Grapevine Road along the north
side of parcel 216-20-021B owned by Michael Mora and Judy Gardner.
J.Deed of Gift to the Town for
dedication of 25 feet of roadway easement for Grapevine Road along the northern
boundary of Lot 1 of Town of Cave Creek Lot Split Plat 04-02 formerly parcel
216-20-021B owned by Jeff and Susan Mast.
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#
Separate packet
1. PRESENTATION AND DISCUSSION REGARDING
THE TOWN OF CAVE CREEK WASTEWATER TREATMENT PLANT FEASIBILITY STUDY PREPARED BY
CH2M HILL.
Placed on the agenda by the
Town Administration, Town of Cave Creek
Public Comment
Council
Action Needed: This item is for
discussion only. No action will be taken at this time.
Narrative: Representatives of CH2M Hill firm will make a
presentation and discuss with Council and the public the Town of Cave Creek
Wastewater Treatment Plant Feasibility Study. No action by Town Council will be
taken at this time.
PAGE# ITEM#
P.1
2. PUBLIC HEARING AND POSSIBLE FIRST
READING OF ORDINANCE O2004-34 AMENDING THE TOWN OF CAVE CREEK SUBDIVISION
ORDINANCE CHAPTER 2, SECTION 2.4 FINAL PLAT BY ADDING A NEW SUB-SECTION C.3 BY
REFERENCE, PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF, PROVIDING FOR THE
REPEAL OF CONFLICTING ORDINANCES AND PROVIDING FOR SEVERABILITY.
Placed on the agenda by the
Planning Department, Town of Cave Creek
Public Hearing
Council
Action Needed: Following the Public Hearing, motion to approve or
deny approval of First Reading of Ordinance O2004-34.
Narrative: This is a request for Council to hold a public
hearing, then discuss and possibly give first reading to Ordinance O2004-34.
This ordinance would amend the Town of Cave Creek Subdivision Ordinance by
requiring all subdivision Final Plats located in Desert Rural zoning districts
to provide a notation on the plat that states: “all lots within the subdivision
containing not less than two contiguous acres are subject to the definition of
ranch and ranch animals as contained in the Town of Cave Creek Zoning
Ordinance.” In addition, the associated CC&R’s shall be submitted to the
Town Council with the Final Plat for review and comment.
P.15
3. COUNCIL
DISCUSSION AND POSSIBLE SECOND READING OF ORDINANCE O2004-20 AMENDING THE TOWN
CODE TITLE XIII – GENERAL OFFINSES, CHAPTER 130 – GENERAL OFFENSES, SECTION
130.07 – NOISE BY AMENDING THE TITLE OF THE SECTION ALONG WITH THE INCLUSION OF
SECTIONS 130.07 (A), (B), (C), (D), (E), (F) AND (G).
Placed
on the agenda by the Planning Department, Town of Cave Creek. (STAFF IS
RECOMMENDING THIS ITEM BE CONTINUED TO A FUTURE COUNCIL MEETING DATE.)
Public Comment
Council Action Needed: Motion to approve second reading
of Ordinance O2004-20.
Narrative: This
is a request for Mayor and Council to consider giving second reading to an
ordinance that amends the Town Code Chapter 130 – General Offenses, Section
130.07 NOISE by amending the title of the section to NUISANCES along with the
inclusion of Sections 130.07 (A), (B), (C), (D), (E), (F), and (G). Currently
nuisances are addressed in both the Town Code and the Zoning Ordinance. The
intent of this ordinance is to add clarity, definitions and detail on this
issue to the Town Code and once adopted to follow up with removal of the
nuisances from the Zoning Ordinance in its entirety. (Staff is recommending
this item be continued to a future Council Meeting.)
PAGE# ITEM#
P.24
4. PUBLIC HEARING AND POSSIBLE FIRST
READING OF ORDINANCE O2004-32 AMENDING THE TOWN OF CAVE CREEK ZONING ORDINANCE
CHAPTER 5 – DEVELOPMENT STANDARDS, SECTION 5.1 ACCESS, ADDING C.9 BY REFERENCE,
PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF; PROVIDING FOR THE REPEAL OF
CONFLICTING ORDINANCES AND PROVIDING FOR SEVERABILITY.
Placed on the agenda by the
Planning Department, Town of Cave Creek
Public Hearing
Council
Action Needed: Following the Public Hearing, motion to approve or
deny approval of First Reading of Ordinance O2004-32.
Narrative:
This is a request for Council to hold a public hearing, then discuss and
possibly give first reading to Ordinance O2004-32. This ordinance would amend
the Town of Cave Creek Zoning Ordinance Chapter 5 – Development
Standards, Section 5.1 Access, adding C.9 to include elimination of the
requirement for grading permits on private road easements.
P.40
5. PUBLIC HEARING AND POSSIBLE FIRST
READING OF ORDINANCE O2004-33 AMENDING THE TOWN OF CAVE CREEK ZONING ORDINANCE
CHAPTER 4 , SECTION 4.4 COMMERCIAL BUFFER (CB) ZONES, BY ADDING SUB-SECTION
D.2, COMMERCIAL BUFFER REGULATIONS IN TOWN CORE AREA (TABLE 6), AND SECTION 4.5
COMMERCIAL CORE (CC) ZONES, BY ADDING SUB-SECTION C.2 COMMERCIAL CORE
REGULATIONS IN TOWN CORE AREA (TABLE 8), AND ADDITION OF NOTATION (E) “UNLESS
OTHERWISE APPROVED BY THE TOWN COUNCIL”
BY REFERENCE; PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF;
PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES AND PROVIDING FOR
SEVERABILITY.
Placed on the agenda by the
Planning Department, Town of Cave Creek
Public Hearing
Council
Action Needed: Following the Public Hearing, motion to approve or
deny approval of First Reading of Ordinance O2004-33.
Narrative: This is a request for Council to hold a
public hearing, then discuss and possibly give first reading to Ordinance
O2004-33. This ordinance would amend the Town of Cave Creek Zoning Ordinance to
restrict the maximum individual building size located within the Town Core to
5,000 square feet in Commercial Buffer zones and 12,000 square feet in
Commercial Core zones unless otherwise approved by the Town Council.
PAGE# ITEM#
P.81
6. PUBLIC HEARING AND POSSIBLE FIRST
READING OF ORDINANCE O2004-35 AMENDING THE TOWN OF CAVE CREEK ZONING ORDINANCE
BY ADDING CHAPTER 13 – DESIGN GUIDELINES AND PRINCIPLES, BY REFERENCE;
PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF; PROVIDING FOR THE REPEAL OF
CONFLICTING ORDINANCES AND PROVIDING FOR SEVERABILITY.
Placed on the agenda by the
Planning Department, Town of Cave Creek
Public Hearing
Council
Action Needed: Following the Public Hearing, motion to approve or
deny approval of First Reading of Ordinance O2004-35.
Narrative:
This is a request for Council to hold a public hearing, then discuss and
possibly give first reading to Ordinance O2004-35. This ordinance would amend
the Town of Cave Creek Zoning Ordinance by adding Chapter 13 – design
guidelines and principles, which are intended to assist in managing the growth
of the Commercial and Multiple Residential Zone projects.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS _________ day of November, 2004
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk