SPECIAL WORK SESSION
TOWN OF CAVE CREEK, ARIZONA
MONDAY, JUNE 10, 2002
TO ORDER: Mayor Francia called the meeting to order at 7:05p.m. at the Cave Creek Town Hall, 37622 N. Cave Creek
Road, Cave Creek, Arizona.
ROLL CALL: Silent Roll Call by
Town Clerk Carrie A. Dyrek
Council Present: Mayor Vincent Francia, Vice Mayor
Ralph Mozilo, Council Members Grace Meeth, Shea Stanfield and Jerry Whitmore,
Council Absent: Council Members Bruce Flickinger
and Gilbert Lopez
Staff Present: Town Manager
Town Clerk Carrie A. Dyrek
Planning Ian Cordwell
Senior Planner Larry Sahr
Assistant Marie Carsia
Discussion and Review of the Proposed Updated Zoning Ordinance, which would
repeal and replace the current Zoning Ordinance. The discussion will focus on Chapter 9, Overlay Zones and Chapter
19 Special Events, time permitting, of the proposed Zoning Ordinance, but other
Sections may also be discussed.
CHAPTER 19 SPECIAL EVENTS
Cordwell reported that Chapter 19 Special Events comments had been
forwarded to the Attorney and had been returned with substantial comments. This Chapter did not go before the Planning
Commission before it had been advertised.
This has to come before the Commission in a special meeting on June 25th
and we would like Council to have additional input.
Sahr stated that Bisman
had commented that two other Attorneys were in her office to review the
Ordinance and they were primarily concerned about how it was structured.
Sec. 19.0 purpose
Dan Piacquadio, Harold’s Corral, inquired if the poker rally really
falls under a special event. The Zoning
Administrator stated it does not qualify as a Special Event.
Mozilo stated it had never been a problem so we should leave it
Mark Peagler, Frontier Town inquired about a car show. It isn’t listed as allowed.
Meeth suggested categories of major or minor events, where only
“major” events would require a permit.
Larry Wendt, Buffalo Chip Saloon, stated that he thought the intent
of the Ordinance re-write was to clear up ambiguities. He brought up examples, such as bull-riding
events and their petting zoo. Would
these require a permit? It is not
clear. There is nothing in this
Ordinance referring to numbers of people attending an event.
Mark Peagler suggested a different definition of a “Special Event”.
Larry Wendt and Dan
Piacquadio suggested eliminating the list of events.
Whitmore agreed with Meeth’s
approach of major and minor events.
Mozilo suggested language to define a “major event” … perhaps any
event attracting a certain number of people to the event … say 1,0000 people.
Meeth stated that “vendors” is a different issue and needs to be
defined. Vendors are continually
present and generate traffic.
Mark Peagler stated that a simple solution is to require business
licenses. Another business owner
running bike rallies agreed. Most
cities regulate vendors by issuance of a business license.
Larry Wendt would like to have two arts and crafts fairs on his
property each year. He doesn’t want to
fight with other businesses that also have the room to hold an Arts and Craft
Mozilo suggested adding the limit of “types” of events does not
apply to businesses in Town. The center
of Cave Creek property is land, not a business.
Dan Piacquadio stated that Special Events and Vendors should be
dealt with separately.
Peagler stated that the size of an event must be tied to the square
footage of property so a small business could not generate the same traffic,
etc. as a larger business.
Whitmore explained that the Town is a Program City with regard to
sales tax collection, which is done for the Town by the Department of
Revenue. The Town would need to enact a
Business Ordinance License to accomplish the control of vendors.
Abujbarah recapped that we have come down to defining two groups,
local businesses and outside vendors.
We also need to define the size of an event.
Peagler responded to Francia that to start over, he suggested a small group of
merchants and a couple Council members and Staff write a new Ordinance.
This was a consensus to separately bring forward a Business
SEC. 19.8 EXEMPTIONS
Last sentence, delete “uses or activities” and insert
last sentence and insert 19.8 (D) paragraph: “An existing business operating
from a permanent building within the Town and having a Special Event, whose
principal revenues benefit a 501c3 charity, may be allowed to submit a complete
application to the Zoning Administrator thirty (30) days prior to the date the
Special Event is to begin.”
Muller expressed her concern with citizens complaining about noise
from music so this needs some kind of regulation.
Mozilo recapped addition of 19.8(A)(4): “The business conducts an
event on its own property and the event generates less than 1000 people.”
Meeth stated that the Town could deal with Arts and Crafts through
Business License in regulating vendors.
Muller requested eliminating the “1000 people” figure and basing
the determination of whether or not a permit is needed on some type of square
footage. It would be difficult to
enforce a 1000 person limit.
Larry Wendt stated that he was saying there should be a permit for
events that affect the health, safety and welfare of the Town.
Abujbarah stated that the Town needs to limit the extension for a
Special Event to the square footage of the structure/building because the
parking is tied to the square footage of buildings.
Wendt responded that that works for most businesses but his
structure is only about 5000 square feet and they have about 300,000 square
feet of parking.
Mozilo suggested the following language: “The business owner has
sufficient property to conduct the event and handle the parking for the event.”
SEC. 19.8 EXEMPTIONS
Mozilo suggested (4): “The local, existing business provides an
event on its own property and provides to the Town a “Notice of Event” 30 days
prior, including the required information on a checklist.”
Peagler reiterated the need for a Business License.
The session adjourned at 10:20 p.m.
SUBMITTED BY: APPROVED
Carrie A. Dyrek Vincent
Town Clerk Mayor
I hereby certify that the
foregoing minutes are a true and correct copy of the minutes of the Special
Work Session of the Town Council of Cave Creek held on the 10th day
of June, 2002. I further certify that
the meeting was duly called and held and that a quorum was present.
this __________ day of __________________ 2002
A. Dyrek, Town Clerk