CAVE CREEK, ARIZONA — March 22, 2022

Cave Creek approves T-Box Indoor Golf Club 6-0, deadlocks 3-3 on Mountain View Pub patio expansion

Cave Creek town council approved T-Box Indoor Golf Club development but rejected Mountain View Pub's permanent patio expansion due to parking and safety concerns, while approving fire equipment purchases and building code updates.

Cave Creek Council Approves T-Box Golf but Deadlocks on Mountain View Pub's Permanent Patio, Citing Parking and Safety Fears

In a two-part tale of commercial-zoning governance, Cave Creek town council on March 21, 2022, unanimously approved an indoor golf entertainment facility while fracturing 3-3 on a pub's request to make permanent its COVID-era outdoor patio extension. The starkly different outcomes revealed deep council disagreement over parking standards, enforcement, and the precedential risks of formalizing temporary pandemic accommodations.

Key Speeches

"I'm going to vote in favor of it because based on what Councilwoman Floyer has stated, the fact that there's no variances applied for, there's no exceptions applied for, they're following everything that they should be … more importantly, you know, it's something that I look at the property rights for those commercial sites and they have the right to propose what they're building." — Council Member Silva, on T-Box approval

"I'm not persuaded by the fact that we've made a bunch of mistakes in the past; we need to at some point start doing the right thing with parking in town. There's documented safety problems here. I've seen the last month I've seen cars parked in the deceleration zone … we have a parking problem in that area and we have enforcement problems." — Robert Morris, opposing Mountain View Pub extension

"The biggest issue, even when we open the doors, is 'oh my gosh we have to park all the way down there.' It is a walk. We have purchased two golf carts, two six-seaters, and we have employed three people who rotate on the weekends." — Mountain View Pub representative, defending golf-cart mitigation

Timeline

T-Box Indoor Golf Club (Case SPR-21-06)

Applicant presentation: Rick Pernell, Deutsch Architecture Group, on behalf of owner Jim Buckland. Project: 10,168 sq. ft. recreation/entertainment structure with 12 indoor golf bays, 34 parking spaces (meeting zoning requirement), 2,126 sq. ft. uncovered patio area, restaurant/bar service. South of Blue Ridge Drive, east of Cave Creek Road, Town Core Commercial zoning.
Staff recommendation: Complete application, compliant with zoning ordinance, no variances requested. Planning Commission approved 5-1 on February 17. Staff confirmed building meets all bulk regulations: 25 ft. height, setbacks, lot coverage, landscaping, and parking calculations per formula.
Council discussion: Council Member Silva raised concerns about fencing on the east 20-foot right-of-way (dedicated to town in perpetuity, not an easement), two residential homes directly behind the building with no existing walls, headlight intrusion into parcel 48 from parking-lot egress, and whether the 2,126 sq. ft. patio area should factor into parking calculations. Vice Mayor Smith questioned the 20-foot right-of-way's future improvement. Buckland testified occupancy at similar golf bays typically runs 43–60% depending on peak time, and the 12-bay design was calibrated to allow walk-in play without excessive waits. Robert Morris raised curb-cut proliferation concerns and traffic-movement control along Cave Creek Road, noting three nearby commercial openings (Walmart, Burger King, chicken restaurant) lacked comprehensive traffic-management planning. Town Engineer responded that Design Guideline Two addresses driveway offset requirements and traffic control.
Vote: 6-0 approval.

Mountain View Pub Permanent Patio Extension

Applicant presentation: Staff report by Town Manager. Mountain View Pub obtained a temporary extension of premises under Department of Liquor License and Control emergency COVID rules (social-distancing accommodation). Permit expires April 1, 2022. Applicant proposes to displace 4–5 parking spaces in the lot (staff report said "approximately five"), relocate two ADA spaces to accommodate fenced outdoor patio with estimated 12 tables, four-tops (48 seats potential). Applicant brought two golf carts and three part-time drivers to ferry patrons from lower Stagecoach Village parking lot (540 spaces accessible via steep bridge and 71 steps) up to rear patio door.
Staff recommendation: Hesitant approval. Staff noted parking deficiency, recent incident of illegal parking in town right-of-way and bike path along east Cave Creek Road frontage (cost town money and time to post no-parking signs), and persistent overflow parking during special events. Staff acknowledged the business purchased speed bumps at egress/ingress point from day one and installed them voluntarily. However, staff expressed concern that formalizing a use based on temporary social-distancing regulations—which no longer exist—set poor precedent.
Council discussion: Extensive debate over parking standards, equity, and safety. Robert Morris stated, "There's documented safety problems here … I've seen cars parked in the deceleration zone which is [where] they're putting them for safety … adding 50 potentially 50 people down there with the cars that encourages people to want convenient parking, and that encourages the illegal party." Vice Mayor Smith raised equity concerns—why would Mountain View Pub be treated differently from Hideaway, Harold's, and Buffalo Chip, which also have outdoor drinking areas and made no additional parking provisions? Building Official Baxley confirmed that parking spaces are set by zoning code and ADA parking by building code; he did not recall requiring additional parking for Buffalo Chip's front patio (pre-existing structure) or Harold's covered patio (also pre-existing, later permanently licensed). Council Member Silva noted the business is a condominium with access to 540 spaces on the opposite side of the wash, speed bumps signal traffic-control effort, and the golf-cart provision is "commendable." Council Member Roy raised the precedent question: did other venues utilize the liquor board's emergency social-distancing license, and would denying this one create disparate impact? Vice Mayor Smith proposed an amendment requiring golf carts whenever the parking lot adjacent to the pub reached 95% capacity—a stipulation intended to address his shifting from "no" to "yes."
Public comment: None.
Votes:
- Amendment (Vice Mayor Smith's golf-cart stipulation, 95% threshold): Passed 4-2. Vote: Robert Morris (no), McGuire (no), Smith (yes), Silva (yes), Roy (yes), Bunch (yes).
- Main motion (permanent patio extension with amendment): Failed 3-3. Vote: McGuire (no), Smith (yes), Silva (yes), Roy (yes), Robert Morris (no), Bunch (no). Mayor Bunch stated, "my concern is the tightness of that turn, even though there's a speed bump there," and voted no. Deadlock killed the extension.

Opposition

Mountain View Pub Permanent Patio (3 council members opposed or voted no)

Speakers: Robert Morris and Council Member Bunch.
Main concerns:
1. Removal of 4–5 parking spaces from already constrained lot, with upper-lot parking contingent on willingness to climb 71 steps or wait for golf carts.
2. Documented safety violations: illegal parking in town right-of-way and bike path, requiring council intervention and expense to install no-parking signs.
3. Golf-cart provision is voluntary mitigation, not a hard operational requirement, and could be discontinued at any time.
4. Approval formalizes a temporary COVID accommodation after the regulatory rationale (social distancing) has expired.
5. Potential to add 50 patrons (12 tables × 4-tops) without corresponding parking, encouraging overflow into unsafe areas.
6. Inequitable application—other bars (Hideaway, Harold's, Buffalo Chip) expanded outdoor areas without additional parking mandates.
7. Town lacks outdoor-venue parking ordinance, leaving council to ad hoc judgments.
Most compelling arguments: Robert Morris assertion that the town has "documented safety problems" and that approving the expansion "trade[s] off the public safety," combined with his observation that enforcement is costly and incomplete. Vice Mayor Smith's conditional support—golf carts at 95% occupancy—passed the council but failed to deliver a majority for the main motion.
Organized opposition: None; council members were the primary voice.

Support

Mountain View Pub Permanent Patio (3 council members voted yes)

Speakers: Council Member Silva, Council Member Roy, Vice Mayor Smith.
Main arguments:
1. The business operates within a condominium with 540 parking spaces available on the opposite side of the wash; parking deficiency is not solely attributable to the patio.
2. Management has installed speed bumps, purchased two golf carts, and employed three rotating drivers—demonstrating good-faith investment in mitigation.
3. Other establishments (Hideaway, Harold's, Buffalo Chip) expanded outdoor areas without additional parking provisions, raising equity concerns if the pub is singled out.
4. The business is small and has invested significantly post-COVID; success should be supported.
5. Staff report acknowledged no increase in no-parking violations since signs were installed months ago.
Most compelling arguments: Council Member Silva's point that the business already has access to 540 additional spaces, and the applicant's investment in carts and drivers shows operational commitment to managing the parking problem. Vice Mayor Smith's amendment gained traction but the main motion still failed, indicating that even those voting yes were concerned about the tight parking and safety issues.

T-Box Indoor Golf Club

Project Details

Case number: SPR-21-06
Applicant / developer: Jim Buckland (owner and applicant), Rick Pernell (Deutsch Architecture Group, architect)
Attorney: None named; applicant represented himself.
Location / address: South of Blue Ridge Drive, east of Cave Creek Road, Town Core Commercial zoning, Town of Cave Creek
APN (if stated): Not stated in transcript; referenced parcel 47 and parcel 48 for adjacent residential properties.
Current zoning → Proposed zoning: Town Core Commercial → Town Core Commercial (no change); surrounding single-family residential (R-18) to east, multi-family residential to west.
Density / units / square footage: 10,168 sq. ft. building footprint; 12 indoor golf bays; 34 parking spaces (required and provided); 2,126 sq. ft. uncovered patio area.
Changes from previous version: None noted; first and only submission to council.

Vote Breakdown

Final: 6-0 (Approved)
Yes: All council members (Vice Mayor Smith, Council Member Silva, Council Member Roy, Robert Morris, Council Member McGuire, Mayor Bunch)
No: None
Abstentions / absences: None

Mountain View Pub Permanent Patio

Project Details

Case number: Not stated (liquor-license extension item, not a land-use case number).
Applicant / developer: Mountain View Pub (location: 7033 East Cave Creek Road, Cave Creek, Arizona), Stagecoach Village condominium.
Attorney: None named; management representative presented.
Location / address: 7033 East Cave Creek Road, Cave Creek, Arizona; Stagecoach Village development.
Current zoning → Proposed: Not stated; establishment already licensed for liquor service.
Density / units / square footage: Proposed outdoor fenced patio: 12 tables, four-tops (estimated 48 seats); would remove 4–5 parking spaces from upper lot (after relocation of 2 ADA spaces, net loss of 4 spaces).
Changes from previous version: Temporary patio (COVID emergency rule, expires April 1, 2022) would become permanent if approved. ADA parking relocated to other side of property.

Vote Breakdown

Permanent Patio Extension Final: 3-3 (Failed)
- Yes: Vice Mayor Smith, Council Member Silva, Council Member Roy
- No: Robert Morris, Council Member McGuire, Mayor Bunch
- Abstentions / absences: None
Amendment (Golf-Cart Stipulation, 95% Parking Capacity): 4-2 (Passed)
- Yes: Vice Mayor Smith, Council Member Silva, Council Member Roy, Mayor Bunch
- No: Robert Morris, Council Member McGuire

Outcome & Next Steps

T-Box Indoor Golf Club: Site plan approved 6-0. Project moves to building-permit stage, where additional compliance reviews will occur. Applicant must follow through on proposed ingress/egress easement (4-foot gravel alley widening on east side) and coordinate with town engineer on drainage and two-way traffic accommodation. If applicant does not utilize the secondary access (alleyway), full property-line screening (wall) required per town ordinance.

Mountain View Pub: Permanent patio extension failed 3-3. The temporary extension of premises (obtained under COVID emergency rules) remains in effect until April 1, 2022. An amendment requiring golf-cart service when the adjacent parking lot reaches 95% capacity passed (4-2) but did not carry the main motion. The business may operate the outdoor patio under its temporary permit, which will expire unless the council reconsiders or the Department of Liquor License and Control extends emergency provisions. No stipulation to continue golf carts is now binding.

Controversies & Context

Parking Standards and Precedent: The most acute tension in the council's deliberations was the lack of a town-wide outdoor-venue parking ordinance. Vice Mayor Smith explicitly raised the point: "I've always had a beef with the fact that the town has no standards for parking requirements for outdoor venues, and one way or another I'd like to see some developed and have the council vote on them." Robert Morris pushed back on approving uses that displace parking without a clear framework, citing existing outdoor-expansion precedents at Harold's (covered patio, west side), Buffalo Chip (front patio, north side), and Hideaway, none of which triggered additional parking mandates. This absence of policy created a rule-of-thumb approval process that left council members voting on ad hoc grounds—whether the business had "done its due diligence," whether it had voluntarily mitigated problems, whether existing structures could absorb overflow.

Safety and Enforcement: Robert Morris repeatedly cited "documented safety problems"—illegal parking in the town's right-of-way and bike path, requiring the town to post no-parking signs at expense. He noted that enforcement is reactive and incomplete, with the town relying on the Sheriff (expensive) and lacking internal code-enforcement infrastructure. The deceleration zone (marked for safety) has nonetheless attracted parked vehicles during peak hours. Morris's argument was that approving the patio would exacerbate this by adding ~50 potential patrons and encouraging convenient-parking behavior.

Golf-Cart Mitigation: The applicant's investment in two six-seater golf carts and three rotating drivers was offered as mitigation, and Vice Mayor Smith sought to codify it as a condition. However, Robert Morris objected that voluntary mitigation is not enforceable—the business could discontinue the carts at any time. This distinction—between hard operational requirements (e.g., parking spaces) and voluntary best practices—surfaced as a core policy disagreement. The amendment passed (4-2), but it did not include a penalty clause or enforcement mechanism, and it failed to move the main motion.

Equity and Precedent: Council Member Roy and Council Member Silva both raised concerns about disparate treatment. If Mountain View Pub's patio expansion was denied over parking, why had other bars' outdoor expansions (Harold's, Buffalo Chip) not faced the same scrutiny or parking-addition requirements? Staff acknowledged that some of those patio areas predated the permanent-license applications (e.g., Buffalo Chip's front patio was already on the property; Harold's covered patio was installed before permanent-license amendment). The council seemed uncomfortable creating a precedent that would either demand parking retrofits at all outdoor venues or undermine the denial of Mountain View Pub.

COVID Legacy: An important thread: the temporary extension was explicitly an emergency accommodation under Department of Liquor License and Control social-distancing rules. Those rules have since been relaxed, eliminating the original regulatory justification. Vice Mayor Smith acknowledged this: "Since social distancing is past, it probably should not really even come into this, so it really comes down to do we want to allow this or don't we?" The question became whether to formalize a temporary accommodation into permanent land use—a decision that had no clear policy anchor.

Hidden Canyon and Blue Ridge Drive: A minor but notable exchange involved Robert Morris raising concerns about Hidden Canyon, a 48-unit subdivision approved with emergency access via Blue Ridge Drive (not intended for everyday use) and Sunset Road. The concern was that Blue Ridge could become a de facto commuter route if Hidden Canyon residents used it daily, impacting traffic flow and safety along a narrow corridor. Staff confirmed that Sunset Road and Sunset Lane are the primary ingress/egress, with Blue Ridge as emergency-only access.

Duration

T-Box Indoor Golf Club: ~75 minutes (extensive council questions, applicant testimony, discussion).
Mountain View Pub Permanent Patio: ~45 minutes (staff report, council debate, applicant response, amendment discussion, two votes).
Other items (consent agenda, fire equipment, building codes, rodeo presentation): ~40 minutes combined.
Total meeting: Approximately 3 hours.

Other Notable Items (Brief)

Fire and Emergency Medical Services Equipment Purchase ($109,447.96, approved 6-0): Town must purchase mobile and portable Motorola radios to match Daisy Mountain Fire Department equipment per Inter-Governmental Agreement (IGA). Covers three mobile radios, seven portable radios, and related equipment for new Cave Creek Fire Station (opened January 2022). Council Member Smith noted this is part of broader capital purchases already approved in budget; more critical items (equipment directly tied to fire/medical service delivery) will be prioritized as supply-chain constraints permit.

Adoption of 2021 International Building Codes (Ordinance 2022-01, approved 6-0, second reading): Town adopted ICC codes with amendments removing GFI-breaker requirements for air-conditioning units and deleting additional energy-efficiency requirements (sections 401.2.5, 408, and duplicative provisions in IRC 1101.13.5 and N1108). Changes requested by council at first reading and incorporated by Building Official Baxley. Council Member McGuire raised a clarifying question about permit refund calculations (up to 80% of permit fee if no work is done); Baxley confirmed refunds are drawn from plan-review deposits and occur only when zero work has commenced.

Cave Creek Rodeo Days 2021 Report (Presentation): Executive Board President Beth Cornell reported 2021 rodeo gross ticket sales of 3,669 tickets generating $11,007 in revenue to the town general fund. Overall organization revenue retention increased 9% year-over-year (compared to 2019 full rodeo), with sponsorship and alcohol sales gains offsetting ticket-sales decline. Organization distributed $10,680 to charitable causes (Boy Scout Troop 124, Cowgirl Historical Foundation, Queen Creek Junior Rodeo, North Valley Young Marines, Foothills Food Bank, Desert Hills Wranglers 4-H, Justin Crisis Fund) and purchased $35,000 in new bucking shoots for animal and volunteer safety. 2022 presales strong; VIP seats sold out; new ticketing system (radioticket.com) showing higher uptake. Council expressed enthusiasm for rodeo as signature town event and flagged interest in future acquisition and improvement of rodeo grounds to expand programming.