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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.

 

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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.

 

 

 

 

 

 

 

 

 

 

 

 

 

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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.

 

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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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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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