CAVE CREEK – During Monday night’s meeting, Town Manager Carrie Dyrek announced an RFP (request for proposals) had been issued for new bleachers for the rodeo grounds to replace the old ones that have been deemed unsafe.
Dyrek also said the town is seeking volunteers for the upcoming Taste of Cave Creek event on Oct 18 and 19. Those wishing to volunteer should contact Volunteer Coordinator Pat Bell-Demers from the Sonoran Arts League at 480-575-6624 or stop by the Sonoran Arts League’s office in Stagecoach Village.
The first item on the agenda was a general plan amendment application for Tasso and Sheree Koken for a land use change from medium density residential to Desert Rural for their 5.83-acre parcel.
According to the Kokens, when they purchased their property they were unaware ranch uses were prohibited on their residentially zoned property and set up a farm where they raise organic food comprised of gardens and approximately 65 animals, including cattle, chickens and turkeys.
A complaint was filed by neighbors and action on the complaint was stayed pending the outcome of the Kokens’ quest to rezone the property.
The planning commission recommended denial by a vote of 2-3.
Councilwoman Mary Elrod joined the meeting telephonically at roughly 7:18 p.m.
Councilwoman Eileen Wright had a litany of questions for Tasso Koken about the timeline and history on their purchase of the property.
Responding to questions from Wright, Koken said they as well as their realtor spoke to town staff and both received positive responses from the town about being able to have animals on the property and stated they would not have purchased it otherwise.
Councilwoman Susan Clancy asked who they spoke to at town hall. Koken said they spoke to Bambi [Muller].
Clancy asked who their realtor was.
Koken said it was Chris Pike, who was also present.
Pike stated he didn’t recall who he spoke to at town hall but said everything was verbal and he didn’t get anything in writing.
Vice Mayor Ron Sova asked if anyone requested a copy of the R35 zoning regulations to know what was allowed. No one had.
Councilman David Smith asked the Kokens if, when they spoke with Bambi, they told her they had R-35 property or just the number of acres.
Sheree Koken said she only told Bambi they were considering buying a five-acre parcel and asked if they were allowed to have animals because all the listing said was that the property was residential on 58th Street.
During public comment, Rancho Mañana resident Cynthia Link contested the Kokens’ claim to having done their due diligence yet had no information about the zoning.
She said what they were requesting was unfair and the neighbors were not willing to accept the amendment.
Attorney Carol Lynn de Szendeffy appeared on behalf of Robert and Diane Marshall who were unable to attend.
She asked council if this was really an appropriate change to a general plan and stated, “We don’t fix a mistake on an individual’s property by amending the general plan.”
De Szendeffy said the neighbors shouldn’t have to bear the burden and asked council to oppose the amendment.
Pike vouched for the Kokens’ character and said it was almost a year before a complaint was filed.
He said the homes in Rancho Mañana are almost 400 to 500 feet from where the Kokens keep their animals.
Sova asked Pike if it wasn’t customary when property is listed to show the zoning.
Pike said the property was listed at the time.
Another neighbor spoke in opposition, stating he did not want cattle, horses, flies or chickens next to him.
Faith King, a Rancho Mañana resident, said the change would create a Desert Rural island in the middle of residential zoning and stated she found it difficult to believe the Kokens spent two years to find property and didn’t know what the zoning was.
King said the amendment was not in the best interest of the community.
Peggy Coniglio, a Rancho Mañana board member, held up a listing, presumably from when the property was previously listed, and said the listing states it is residential and “no horses.”
Coniglio said she feels bad for the Kokens but stated everything is online for ordinary people to find.
She said Mrs. Koken told the board members if this wasn’t approved they will be suing the town.
Tasso Koken retorted, “My wife never said we are suing the town.”
Mike Stefani stated he’s been a realtor for the past 10 years as he looked at Pike and said, “You dropped the ball.”
Stefani questioned why, if people knew the zoning ordinance was violated, no one did anything about it for almost two years.
Mayor Ernie Bunch explained the town has a complaint-driven system.
Bunch said just as they spoke about due diligence earlier, there is also due process, which was what they were engaged in at the moment.
A resident of Glendale said the Kokens’ farm was one of the best organic farms he’s seen around.
Robert Lang, who lives directly east of the Kokens, said he bought his property 32 years ago and has no problem with the animals on the Kokens’ property.
However, Lang complained about the Marshalls, whom he said bought their property two years ago but are never there, because they have lights that flash on and off all the time.
Douglas Dunn said there was a lot of “smoke and mirrors” and wanted to know why they couldn’t contact the woman on staff (Bambi Muller) and ask her what she told the Kokens.
A woman said she visited the Koken property and called it a “slice of heaven.”
She stated, “These are honest people” and “there is only love going on.”
Tasso Koken said he did contact Muller but she didn’t recall the conversation.
He said they have three options if the town did not approve their application.
1) purchase an eight-acre parcel next to them,
2) move if they can’t resolve the zoning issue, or
3) sue the town.
However, Koken said he has never sued anyone in his life.
He urged council to vote yes and let people file a referendum to let citizens decide and said, “If we have to go we go.”
Gary Schmidt, who stated he doesn’t live in Cave Creek but spent three years helping save Spur Cross, said it sounds like a battle of neighbors.
Schmidt said he spoke to Luke (Kautzman) in the planning department who said there were contiguous properties that are zoned Desert Rural.
He asked if there wasn’t a structural way to get around this.
Roger Kohrs spoke in opposition with concerns about what would be washing downstream to his property.
Edwin Link, who lives right across from the Kokens, stated he couldn’t help but notice how the discussion had digressed and said, “This is about the rule of law.”
And, although he experienced issues with the Kokens’ farm over the past year and a half, he only learned about the details when he received a notice about this case in the mail.
Bunch moved to approve the application but said the reason he made the motion was because every now and then something comes before them that isn’t just black and white, it’s emotional.
He said if council were to approve and a referendum is filed, it would buy the Kokens time to decide what they wish to do.
Bunch said, “Bring me the referendum. I’ll sign it.”
Wright said she had a wonderful experience visiting the Koken property and this was a rare instance where they were being asked to downzone.
Sova said he too visited the site and called the Kokens “good, honorable people.”
He stated, “The problem is zoning.”
Sova pointed out while the Kokens currently have about 65 animals, Desert Rural zoning would allow a subsequent owner to have three times that number.
He said he was going to vote no but would support the mayor’s suggestion.
Councilman Thomas McGuire said he agreed the Kokens were doing an excellent job but he could not support it.
Clancy said, “I will have to vote no.”
Smith said he had fair amount of compassion for the Kokens but couldn’t make a decision based on compassion.
Citing lack of due diligence, Smith said he was going to vote to deny.
Elrod said she had nothing to add.
Wright suggested if they voted to approve council could later vote for conditional rezoning that restricted the number of animals.
Bunch said he believes the property was mistakenly zoned R-35.
Town Attorney Bill Sims mentioned the Magna Carta and said the due process clause must balance the rights of property owners.
Sims noted Cave Creek has been sued an inordinate number of times and brought up the lawsuit brought by George Pingatore against the town, which went all the way to the Arizona Supreme Court and ruled in his favor.
Sims also mentioned a city of Phoenix case in which the court ruled against reliance on statements made by city staff.
However, Sims also told council a referendum would need to be over rezoning not a general plan amendment.
He told council, in the alternative, they could table the matter to try to come up with an agreement to mitigate the problems.
The motion failed by a vote of 3-4 with Wright, Elrod and Bunch voting in favor.
The second case on the agenda for a general plan amendment was for an approximately 70-foot strip (about one and a half acres) of land that traverses the base of five parcels on Brenner Hill from residential to commercial.
Planning Director Ian Cordwell stated the intent is for parking and drainage.
Wright asked if the deed restrictions, as raised during the planning commission meeting, had been addressed.
Cordwell said the applicant would bring that forward at a later time.
Applicant Pete Spittler stated the intended use is parking and he had spoken to some homeowners in the subdivision.
Wright asked what the purpose of all this would be if the homeowners don’t release the deed restrictions.
Spittler said if council didn’t support the application there wouldn’t be any point in pursuing the homeowners.
McGuire moved to approve the amendment and said, “This is something that benefits the town.”
Wright, who seconded the motion, said she viewed it differently and said it was a waste of time to do a general plan amendment if the homeowners don’t lift the deed restrictions.
Sova said he didn’t feel it was putting the cart before the horse.
The motion passed by a vote of 5-2 with Wright and Elrod dissenting.
Last, council approved an employment agreement with Dyrek, who has agreed to serve in a dual capacity as town manager and town clerk.
McGuire stated Dyrek has served the town admirably for the past 20 years under various town managers.
Smith said he was very happy Dyrek accepted the position and he has no issues whatsoever.
Clancy said she concurred.
Sova said, “The residents of this community should be honored and pleased.”
Bunch said the beauty of Dyrek serving this dual role and hiring a trainee town clerk is they are cutting out an entire person at a highly paid salary.
