Go To Search
Help Center

View Other Items in this Archive | View All Archives | Printable Version






CALL TO ORDER: Mayor Vincent Francia called the meeting to order at 7:00 p.m. at the Cave Creek Town Hall, 37622 N. Cave Creek Road, Cave Creek, Arizona.


ROLL CALL: Town Clerk Carrie A. Dyrek.


Council Present:         Mayor Vincent Francia, Vice Mayor Grace Meeth, Council Members Dean Brewer, Laura Cox, Gilbert Lopez, Ralph Mozilo and

Jerry Whitmore


Council Absent:          None


Staff Present:             Town Manager             Usama Abujbarah

Town Clerk                              Carrie A. Dyrek

Town Engineer                         Wayne Anderson

Dir. of Planning                         Ian Cordwell

Town Attorney             Fredda Bisman


PLEDGE OF ALLEGIANCE   Everyone stood and gave Pledge.




Shea Stanfield, 38065 N. Cave Creek Road, brought to the Council’s attention the memorial to Geoff Platts held this past weekend.


Ken Barber, 8112 E. Aster, Scottsdale, praised Council for their hard work and for standing up to the big developers.


Tom McGuire, 38846 N. Spur Cross Road, spoke regarding proposed development.  He urged Council to bring forth the revised zoning regulations.


Vance A. Larson spoke in favor of Julie Terry’s rezoning request.




1.                  Monthly status report by Lt. Ed Moore, Rural Metro to include emergency medical and fire service activities in the Cave Creek area.


Lt. Ed Moore introduced Buddy Acritelli, the new Cave Creek Town Marshal.  Moore reported on the previous month’s criminal activities and crime statistics for the Cave Creek area.


2.                  Monthly status report by Assistant Chief Jim Ford, Rural Metro to include emergency medical and fire service activities in the Cave Creek area.


Assistant Chief Jim Ford, Rural Metro, gave a monthly status report on emergency, medical, and fire service activities in the Cave Creek area.




I.                   CONSENT AGENDA   No items for this meeting.




1.                  Second Reading of Ordinance O2001-02 Rezoning a Parcel to Commercial Core (CC) from Desert Rural (D-2-5.A) and Amending the Zoning Map (Case Z-00-02)


This is a request for Council to give Second Reading to an ordinance which rezones a parcel to Commercial Core (CC) from Desert Rural (D-2.5A) and amends the zoning map.  The property is located generally north of Cave Creek Road and west of Vermeersch Road.  The property owner is Julie Terry.


Cordwell reviewed the stipulations attached to this case.


Whitmore asked if stipulation #8 becomes void if Council agrees to the new parking agreement.  Cordwell responded that the agreement could override the stipulation if it is acceptable to the Town.


Mozilo expressed his concern that the zoning would change only if this owner goes through with this project.  Cordwell responded, as did Bisman, that this rezone is tied to this site plan.


Lopez questioned stipulation #12 which equates to $1,500.  The stipulation can be amended for an additional dollar amount.


Mozilo requested additional language be added to the ordinance.


Kent Donay, p/d architects, 7579 Main Street, Scottsdale, spoke on behalf of his client.  He stated that they would like to remove the date time limit, or make it a longer period than two years.  Cordwell stated that the two-year limit is only for the site plan to be submitted, not approved.




George Ross, 5925 E. Hidden Springs Road, spoke in opposition to this rezoning case.


Darold Proctor, 36847 N. Bivouac Trail, spoke in favor of this project.


Pat Fowler, 6538 E. Ridgecrest, spoke in opposition to this project.


Paul Diefenderfer, 41816 N. Sierra Vista, spoke in opposition to this rezoning case.

Janet Mohr, Cave Creek, spoke in opposition to the project.  We don’t even know what hotel will go in.


Anna Marsolo, P.O. Box 8094, spoke in opposition to this rezoning case.  She showed some slides of the property in question and of the neighboring property.  Cordwell clarified the traffic count.


Patty Smith, spoke in favor of rezoning this property.  She read portions of letters related to this subject.


Nan Burne spoke in opposition to this rezoning case.  When did Cave Creek become a resort destination?  We have to protect the desert and this lifestyle.


Chuck Kisch spoke in favor of the rezoning case.  The area isn’t suited for residential.


Shea Stanfield commented that the automobile trips per day are listed at 1303 for this project once it’s built out.  She stated that she is strongly against this rezoning.


Rose Hayward, 6700 Military Road, spoke in opposition to this rezoning case.


Julie Terry, Vermeersch Road, clarified a statement by Anna Marsolo about when she met the former Town Manager, Carl Stephani, in 1996, when she needed to move a propane tank.


Vance Larson spoke in favor of this rezoning case.  He lives on the subject property and has his business there.  We need another hotel.  The building will also buffer some of the noise from Cave Creek Road.


Karen Kisch, owner of Gypsy Traders, stated that this property is not suitable for residential.  It is too noisy.




Brewer clarified that on page 5 “Traffic of 1303 trips/day” is not for this project only but includes the second project (item #2) on the agenda tonight.


Lopez commented that Council had discussed all of these issues for at least 1-½ years.  He stated that each case before Council is approved one at a time.  Approving this case does not mean approval of future cases.


Meeth commented that she doesn’t support this rezoning.  But she wants to work on the stipulation language in case this passes.  Cordwell responded to Meeth that probably only 5% is undisturbed, but they have worked to do as much revegetation as possible.  Meeth asked that stipulation #18 be amended to delete time-shares.  She also would like to have a stipulation on the architecture.


Cox stated that she objected to trying to define the architecture at this meeting, as it wouldn’t be feasible.


Whitmore agreed that defining “Western” would take too long.  It’s a good idea, but probably wouldn’t work.


Mozilo commented that whether or not Julie Terry knew that this property wasn’t zoned commercial is irrelevant.  He asked for a stipulation that would not allow a chain hotel.  Bisman stated that the stipulation must be tied to the land use, such as a resort-type.


Brewer suggested a new stipulation #19 that states the “stipulations will become part of the Site Plan”.


Meeth suggested Stipulation #20 to add, “no medians will be disturbed”.


Cox commented that she didn’t think the Town could say the medians could never be broken.  The Town needs the flexibility.


Bisman clarified that a Council can not bind a future Council as to their legislative actions.


Whitmore asked if Council could specify what we don’t want.  Bisman stated that it would be better to specify what we do want it to look like in terms of what is fitting with the land.  She would like to meet with the Planning Director.


Mozilo asked for language in stipulation #17 to become Section 4 in the Ordinance.


Meeth suggested keeping with the ordinance, which states “The project site plan must be submitted within one year.”  Then the project would have to come back to Council within one year.


Mozilo agreed with Meeth that it should be stipulated to be sure that what is done is in the best interest of the Town and that we get what we think we are getting.


Brewer asked if stipulation #17 would be struck and the Town would go by Ordinance 154.143, could the applicant at that time say that he wasn’t aware of it?  Bisman responded that the stipulation goes to the reversion of the zoning itself. 


Lopez commented that the reasoning behind this case was to adjust the zoning, not to get a hotel.  He isn’t concerned about having time limits.


Mozilo urged placing time limits because he doesn’t see a commitment from the developer.


M/Brewer, S/Whitmore to give Second Reading to Ordinance O2001-02 adding stipulations 18 and 19, adding $1,500.00 to stipulation #12 – stipulation #18 left as is.


Mozilo gave the second reading to Ordinance O2001-02




An Ordinance of the Mayor and Common Council of the Town of Cave Creek, Maricopa County, Arizona, Amending the Zoning Map of the Town of Cave Creek.


M/C 5-1 by voice vote.


Council recessed at 8:54 p.m.

Council convened at 9:11 p.m.


2.                  Public Hearing and Site Plan Review for Las Tienditas (SPR-00-02)


This is a request for Council to hold a public hearing and consider approval of a Site Plan Review for Las Tienditas mixed-use development located north of Cave Creek Road and west of Vermeersch Road.  The request is for approval of a site plan for a one-story commercial building (4,800 s.f.) and a one-story restaurant (6,400 s.f.).  The applicant is p/d architects for Cave Creek 2000, L.L.C.


Cordwell gave an overview of the case.  He stated that the stipulation on 20-foot height could be deleted in light of the design elevations seeing submitted, which are within the zoning ordinance regulations.  Cordwell responded to Brewer that the architects site plan is the document to be followed for approval this evening.


Mozilo asked Cordwell if the applicant could have all lighting shielded and adhere to the revised lighting ordinance that is being worked on.  Cordwell agreed with this suggestion.


Brewer commented on discrepancies on the site plan for building height.  Cordwell stated that both buildings were projected to be 25 feet high.


Cordwell responded to Meeth that the 20-foot height was not on the site plan because at the time they did not have an elevation and were reviewing SW Sands and looking at something compatible. 


Cordwell pointed out the 20% undisturbed area as is stipulated.  He stated that the area has all been previously disturbed so it needs to be revegetated. 


Applicant Kent Donay, p/d architects, presented a conceptual drawing of the building showing intended architecture and a new layout.


Bill Clayton, owner, disclosed that the owners are four individual partners that own other restaurants in the Valley.


Donay agreed that they are committed to the equestrian trail, decomposed granite for the parking lot and working with Staff to meet the shielded lighting.


PUBLIC HEARING opened at 9:35 p.m.


Anna Marsolo brought to Council’s attention that the firm’s attorney for the architects is Mariscal Weeks.  Is there a conflict?  Bisman responded that there does not appear to be a conflict.  She was not aware that her firm was the Statutory Agent.


PUBLIC HEARING closed at 9:38 p.m.




Mozilo added to Stipulation #9 that the lighting be fully shielded, no backlit signs and lights no higher than ten feet.


Brewer on two stipulations:

1.      Add another stipulation clearly specifying 7,600 square feet for the restaurant and 4,000 for the other commercial structure.

2.      Add another that says, “These stipulations shall be included and become an integral part of the site plan.”


Lopez asked Mozilo to agree to changing Stipulation #9 to say it will “adhere to the new lighting ordinance” instead.


Meeth added the stipulation to have parking lot of decomposed granite with the exception of pavement for handicapped or disabled (ADA) requirements.


Brewer questioned Stipulation #2 language and suggested adding “landscaped and” before “undisturbed” in all the areas of that stipulation.


M/Mozilo, S/Brewer to approve Las Tienditas Site Plan (SPR-00-02) with Stipulations found on page 18.

ü      No point of any structure shall exceed 25 feet.

ü      Landscaped and undisturbed areas

ü      Parking lot be decomposed granite

ü      #9 the lighting be shielded, no back-lit signs and no lights higher than 10 feet or as any new ordinance specified as passed by the Town Council.

ü      #10 specify a 7,600 square foot restaurant will include the patios and 4,000 for commercial buildings.

ü      #11 these stipulations shall become an integral part of the site plan.

ü      #12  (? something about site plan being dated)


Bisman responded to Lopez that she had reviewed the reciprocal easement agreement


M/C 6-0 by roll call vote.



3.      Resolution R2001-07 Abandoning Certain Right-of-way and Acceptance of Deed of Gift


This is a request for Council to approve a resolution abandoning certain right-of-way and to accept a deed of gift.  The dedication of the parcel having 5,684 square feet is in exchange for existing right-of-way having equal size.  The applicants are Don and Eleanor Radke.  The property is located generally north of Arroyo Road and west of Schoolhouse Road at the western terminus of Seco Place.


Wayne Anderson, Town Engineer explained the reason for the land exchange.






M/Mozilo, S/Brewer to approve Resolution R2001-07.  M/C 7-0 by voice vote.


M/Mozilo, S/Brewer to accept deed of gift from Don Radke.  M/C 7-0 by voice vote.


4.      Application for a New #12 Restaurant Liquor License


This is a request for Council to consider recommending approval or denial of a new #12 Restaurant Liquor License requested by Kay W. Haas, as agent for the Cracked Crab Steak and Seafood Restaurant, 6006 Cave Creek Road, Cave Creek.


Dyrek reported that the license had been posted for the required 20-day period, no comments in favor or opposed had been received.






M/Mozilo, S/Brewer to approve new #12 liquor license for the Cracked Crab Steak and Seafood Restaurant.


M/C 7-0 by voice vote.


5.      Council Authorization of Funding for Fencing a Portion of Spur Cross Ranch


This is a request for Council to authorize funding, not to exceed $20,000, for fencing a portion of Spur Cross Ranch in order to protect the western portion of Spur Cross Ranch and open access to the Tonto National Forest For Cave Creek residents.


Abujbarah explained that the western portion of Spur Cross Road is proposed to be fenced to allow citizens access to the Tonto National Forest.  The east side is already fenced, so this will be the same kind of fence.  The cost will not exceed $20,000 and will allow the Town to issue I.D. cards for Town residence to have access to Tonto National Forest.


Cox request barb-less wire fencing be used.  Abujbarah will work with the County.


Mozilo commented on the fencing for a mile being expensive at $20,000.




Don Sorchych, 5000 E. Morning Star, agreed with Cox to not use barbed wire.  He agreed with Mozilo that $20,000 for a mile is very expensive.




M/Mozilo, S/Whitmore to authorize funding for a barbless-wire fence not to exceed $20,000, but the lowest of at least three bids.


M/C 7-0 by roll call vote.


6.      Presentation and Discussion Regarding a Proposed Planned Area Development by Southwest Sands, L.L.C. (Case Z-00-03)


This is a request for the Council to hear a presentation and discuss a proposed Planned Area Development on approximately 44 acres generally located between Schoolhouse Road and Viola Lane and south of Cave Creek Road.  The applicant is Southwest Sands, L.L.C.


James McDonald applicant, 2111 E. Highland, Phoenix, introduced the project team.   McDonald gave an overview of the project and its fiscal impact, and he displayed a Master Development Plan.


Karen Taylor, covered an overview of all the existing zoning on approximately 44 plus acres.  The request is to rezone all their parcels to Planned Area Development (PAD).  She highlighted issues that can be addressed by using a PAD rather than developing all the parcels separately.


John Bernhard reviewed the details of the Master Development Plan.  He addressed the proposed architectural style and addressed all of the stipulations.




Nubia Owens, 38431 N. Spur Cross Road, spoke in favor of this project.


George Ross, 5925 E. Hidden Springs Road, spoke in opposition to this project.  He sees no obligation to change any property owner so the developer can make money.  It’s a piecemeal ruination of the Town.


Fred Mueller, 41141 N. Schoolhouse Road, spoke in favor of responsible development.  He finds the project somewhat promising and should be seriously considered.  He prefers one overall plan.  Brennar Hill should be entirely preserved.


Richard Bromley, 38458 Spur Cross Road, spoke in favor of the project.  He sits on a committee of a design group.


Bill McCollum, 42228 N. Deer Trail Road, spoke in favor of the project.  This project could be good for the Town citizens.


Ron Torel, 40444 N. 58th Street, stated that this development firm is one of the best firms.  He is in favor of this project.


Janet Mohr, P.O. Box 4667, Cave Creek, spoke in opposition of this project.  The plan is better, but she wants to know details about the plan.  She can’t support this project until she knows more about it.


Keri Dresser, Principal of Ventana School and a resident spoke in favor of this project.


Andrew Zehr, 6501 E. Cave Creek Road, read a statement that he is in favor of this project if the developer follow through on what he said.


Brad Schroeder, 6543 E. Military Road agreed with Zehr.  Cave Creek is unique and growth needs to be controlled.


Constance Sanders, 6622 E. Military Road, spoke in opposition to some specific parts of this project.  She is against an open-air amphitheater, no specific plan, no big boxes, no big garages.  She wants to see more specifics.


Mike Dreelan, 6580 E. Military Road, wants the developer to listen to the citizens and put together a specific plan.


Vicki Dreelan, 6580 E. Military Road, stated that she has not gotten any flyers, and neither have they been asked for input.


Karen Douglass, 6434 Military Road, commented that there are some good things in this project, but the details of what goes into the project must be addressed.  The internal traffic flow needs to be addressed.  She had concerns with water run-off and sewer service.  Cave Creek can not handle this density.


Pia Keutzer, 6622 Military Road, stated that there needed to be a concrete site plan.  She didn’t feel that they were included in the process.  She has gathered over 250 signatures of people opposed to this project.  She is opposed to a parking garage, amphitheater or 1600 cars on Cave Creek Road.


Anna Marsolo asked if this would be a referable item.  Abujbarah stated, “yes it is”.


Cox stated that it is helpful to hear from citizens on these types of projects.


Whitmore asked for decision parameters at the next meeting.  He would like a precise answer from the applicant or staff.


Brewer stated again that the applicant needed to listen closer to the citizens.


Lopez repeated issues he has.  Too close to Schoolhouse Road, too large a building, parking garage, amphitheater, are some of those issues.


Mozilo stated that the applicant has a long way to go on this project.  Parking garage, amphitheater and grocery stores do not maintain the character of the Town.


Meeth agreed with Whitmore.  She wants to see all exceptions up front.  The uses and the phases need to be determined.




Meeting adjourned 11:57 p.m.



SUBMITTED BY:                                                     APPROVED BY:



__________________________________                ____________________________________

Carrie A. Dyrek                                                         Vincent Francia

Town Clerk                                                                  Mayor




I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session of the Town Council of Cave Creek held on the 2nd day of April 2001.  I further certify that the meeting was duly called and held and that a quorum was present.


                                                            Dated this __________ day of __________________ 2001



SEAL                                                   ________________________________________________

                                                                        Carrie A. Dyrek, Town Clerk