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HomeMy WebLinkAboutRes 2016-28RESOLUTION 2016-28 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED THE "THE NOVEMBER 3, 2016, ZONING ORDINANCE AMENDMENTS RELATING TO SITE PLAN APPROVAL." BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That certain document entitled "The November 3, 2016, Zoning Ordinance Amendments Related to Site Plan Approval," of which one paper copy and one electronic copy maintained in compliance with ARIZ. REV. STAT. § 44-7041 are on file in the office of the Town Clerk and open for public inspection during normal business hours, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, November 3, 2016. FOR THE TOWN OF FOUNTAIN HILLS: nda M. KYvanagh, M yor REVIEWED BY: Grady E. Mill Qt Manager 2794567.1 ATTESTED TO: Bevelyn J. : 5,t APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney THE NOVEMBER 3, 2016 ZONING ORDINANCE AMENDMENTS RELATING TO SITE PLAN APPROVAL 2756602.6 Amendments to Cha ater 2 - Procedures The Town of Fountain Hills Zoning Ordinance, Chapter 2 (Procedures), Section 2.02 (Special Use Permits), Subsection C (Special Use Permit Application), is hereby amended as follows: Section 2.02 Special Use Permits IN ■ ■ co Special Use Permit Application: 1. Application for a use permit shall be filed with the Y Development SERVICES Department on a form prescribed by the t Development SERVICES DEPARTMENT. The application shall be forwarded to the 'nmi-A7AM;mg Commission by the PLANNING AND Zoning -a-el DIVISION, and when required by the Zoning Administrator, shall be accompanied by a detailed site plan prepared in accordance with Section 2.04 showing all information necessary to demonstrate that the proposed use will comply with all special conditions as well as other regulations and requirements of this ZONING Ordinance. An applicant"Ll ::k MAY furnish the Commission with any additional information it may consider relevant to + the case. 2756602.6 2 The Town of Fountain Hills Zoning Ordinance, Chapter 2 (Procedures), Section 2.04 (Concept Plan Review), is hereby deleted in its entirety and replaced with a new Section 2.04 (Site Plan Review Regulations) to read as follows: Section 2.04 Site Plan Review Regulations A. Purpose: The purpose of these Site Plan Review regulations is to provide for administrative review and approval of Site Plans for all non-residential developments, multi -family developments having five or more dwelling units, and mixed-use developments, upon making a finding that the proposed development conforms to the intent and provisions of this Zoning Ordinance and all other relevant Town ordinances. These Site Plan Review regulations also provide for a two- step appeal of the Site Plan Review administrative decision first to the Planning & Zoning Commission and second to the Town Council. B. Applicability: All non-residential developments, multi -family developments having five or more dwelling units, and mixed-use developments shall receive Site Plan approval prior to approval of construction plans related to a development. After a Site Plan and construction plans are approved according to this Section 2.04, and all fees have been paid according to the Town's adopted fee schedule, a building permit shall be issued for the development. C. Application for Administrative Site Plan Review & Approval: A request for Site Plan Review & Approval shall be filed with the Planning & Zoning Division on a form prescribed by the Development Services Department. The request for approval shall be accompanied by 1 electronic copy of the Site Plan and 10 identical copies of the Site Plan, as follows: (i) scale of the Site Plan shall be not less than 1 inch equals 20 feet (for large-scale projects, the Development Services Director may allow a different scale); and (ii) the Site Plan copies shall be on one or more sheets of paper measuring not more than 24 by 36 inches, drawn to a scale, prepared by an Arizona registered Land Surveyor, an Arizona registered Civil Engineer, or an Arizona registered Architect, which show the following: 1. Legal description, property dimensions and heading, along with the name, address and telephone number of the owner, developer and designer. 2. A generalized location map showing surrounding land use, zoning, and traffic circulation patterns within a 300 -foot radius of 2756602.6 3 the property, measured in all directions from the perimeter of the property lines. A north arrow and scale shall be provided. 3. A narrative describing the project in sufficient detail to enable the plan reviewer to understand the scope and complexity of the project. 4. Site conditions information, including: a. A topographic survey extending at least 100 feet beyond the exterior property line of the site. Contour interval shall not exceed 2 feet within 20 feet of any proposed improvement and 5 foot intervals for the remainder of the lot or parcel. b. Location and extent of major vegetative cover (if any). All Saguaro cacti over three feet in height must be identified as well as significant vegetation and rock outcroppings as defined in Article 1 of the Subdivision Ordinance. C. Location and extent of intermittent streams and water ponding areas. d. Existing drainage, including arrows showing direction of flow. Show any areas of ponding. e. Natural features such as mesas, rock outcroppings, or streams and manmade features such as existing roads and structures, with indication as to which are to be retained and which are to be removed or altered. f. A slope analysis map with categories of less than 10 percent, 10 to 20 percent, 20 to 30 percent and 30 percent and above. Identify hillside disturbance areas and Hillside Protection Easement (H.P.E.) areas with areas of each totaled in a table. Demonstrate compliance with the hillside disturbance regulation of the Town's Subdivision Ordinance or specifically identify variations from these requirements. 5. Proposed land use areas and specifications, including use standards of each area: 2756602.6 4 a. Proposed dwelling unit type, total land area and maximum density of residential use areas. b. Proposed uses, total land area and maximum lot coverage. List the individual square footage of all non-residential buildings and disturbance areas. C. Proposed public streetscape and public and private open space improvements and their relationship to the overall development. d. Building heights, minimum lot areas and setbacks. Show the size and dimensions of yards and spaces between buildings and show the location, type and height of walls and fences. e. Building elevations and architectural renderings showing architectural theme colors and type of exterior building materials for each structure or group of structures. f. A graphic representation of the proposed landscaping treatment, plant materials, fences, walls and other site plan and open space improvements, in accordance with the Subdivision Ordinance. g. Proposed location and width of any arterial, collector or local streets. h. Proposed location and use of all lands proposed to be dedicated for public purposes including parks, storm water retention areas and school sites. i. If structures are proposed, show cross-sections through site and building at 25 foot intervals perpendicular to slope, giving percentage of slope at each, and showing exact heights of structures at each existing contour. j. If structures are proposed, each floor level shall be shown with different shading with a legend giving grade or elevation of each level. k. If a garage(s) is proposed, the proposed elevation or grade at garage floor and at existing street level at drive entry. 2756602.6 5 Give percentage of total average slope, and percent and length of single steepest portion of driveway. I. The individual square footage of buildings, garages, patios, footprint, and disturbance area. M. All disturbed (or graded) areas and the proposed method of final treatment. Indicate all retaining walls, showing the actual heights. n. Existing and proposed grades and drainage systems and how drainage is altered, how it is redirected to original channel and show that the requirements regarding storm water runoff and drainage have been met. o. Location, number of spaces, dimensions, circulation patterns, and surface materials for a I l off-street parking and loading areas, driveways, access ways, and pedestrian walkways. The acceptability of any proposed shared parking arrangement must be validated in a study prepared by an independent traffic expert approved by the Town and whose services are paid for by the applicant. p. The location, dimensions, area, materials, and lighting of signage. q. A lighting plan in conformance with Chapter 8 of this Zoning Ordinance. r. Street dedications and improvements. S. The size and locations of all existing and proposed public and private utilities. All easements must be shown and given in writing. t. A phasing plan, if the project will be completed in phases, indicating which improvements will be completed in each phase. U. A traffic analysis, unless waived by the Development Services Director. 6. If the site contains unique features requiring additional analysis, any other information the plan reviewer reasonably determines 2756602.6 6 to be necessary to establish compliance with this Zoning Ordinance. D. Fee: The application for an Administrative Site Plan Review & Approval shall be accompanied by a filing fee, which shall include Town staff review time costs, in an amount established by a schedule adopted by the Town Council either as part of its annual budget or by separate resolution. No part of the filing fee shall be refundable. Payment of the filing fee may be waived when the petitioner is the town, county, state, school district, or federal government. E. Review Procedures: For each Site Plan submitted, the Planning & Zoning Division shall determine administrative completeness, determine substantive completeness, review and consider approval within the time periods adopted by resolution of the Town Council in compliance with ARIZ. REV. STAT. § 9-835, as amended. F. Appeals: The application for an appeal of an Administrative Site Plan Review decision shall be made within 30 days of said decision and shall be accompanied by a filing fee in an amount established by the Town Council as part of its annual budget or by separate resolution. No part of the filing fee shall be refundable. Payment of the filing fee may be waived when the petitioner is the Town, the federal government or a county, state, school district, or sanitary district. 1. Any applicant for Administrative Site Plan approval who is dissatisfied or aggrieved by the decision of the Planning and Zoning Division may, within 30 days, appeal the decision to the Planning & Zoning Commission. The Planning & Zoning Commission may approve, conditionally approve, continue to a later date or deny said Site Plan based on compliance with all provisions of this Zoning Ordinance. 2. Any applicant who is dissatisfied or aggrieved by the appeal decision of the Planning & Zoning Commission may, within 30 days, appeal their decision to the Town Council. The Town Council may approve, conditionally approve, continue to a later date or deny said Site Plan based on compliance with all provisions of this Zoning Ordinance. G. Expiration of Site Plan Approval: 1. A Site Plan approval becomes void if a building permit has not been issued within one year from the date of the approval. 2756602.6 2. If the applicant files for an extension prior to the Site Plan approval becoming void, an extension may be granted by the Planning & Zoning Division. H. Special Use Permits, Temporary Use Permits, Waivers Requests: Administrative Site Plan Review approval shall be permitted for temporary use permits and administrative use permits. Administrative Site Plan Review approval shall not be granted if all Zoning ordinance provisions are not fully met or if one or more special use permits or waivers are necessary. In such cases, applications must be heard by the Planning & Zoning Commission and Town Council as follows: 1. The Planning &Zoning Commission shall review and consider the Site Plan along with any Special Use Permit or Waiver requests. Applications shall be filed with the Planning &Zoning Division on a form prescribed by the Development Services Department. The application shall be accompanied by a detailed Site Plan prepared in accordance with Subsection 2.04(C) above showing all information necessary to demonstrate that the proposed use will comply with all special conditions as well as other regulations and requirements of this Zoning Ordinance. 2. The Planning & Zoning Commission shall forward a recommendation for approval, conditional approval, or denial to the Town Council. The Town Council shall consider the request within 30 working days of the Planning & Zoning Commission forwarding its recommendation. 2756602.6 g The Town of Fountain Hills Zoning Ordinance, Chapter 2 (Procedures), Section 2.05 (Plan Review), is hereby deleted in its entirety and replaced with a new Section 2.05 (Violation and Enforcement), to read as follows: Section 2.05 Violation and Enforcement A. Prior to Building Permit: Prior to the issuance of a building permit, the Chief Building Official or designee shall ascertain that the Zoning Administrator and other reviewing agencies have approved the plans which are in conformance with those presented with the building permit application and that the time limitations imposed by this Zoning Ordinance have not elapsed. B. During Construction: The Chief Building Official or designee shall ensure that all matters are undertaken according to the conditions of the approved Site Plan. In the event of a violation, the Building Inspector shall notify the permittee, by mail or written report that he is in violation of the conditions of the approved Site Plan. If the violation is not cured or a cure is not substantially begun, in the opinion of the Chief Building Official or designee, within 10 days after notification, the building permit shall be revoked and shall be null and void. Once commenced, the cure shall be pursued diligently until completion, but in no event shall any cure period exceed 30 days, unless approved in writing by the Chief Building Official. The Town of Fountain Hills Zoning Ordinance, Chapter 2 (Procedures), Section 2.06 (Planned Unit Developments), is hereby deleted in its entirety and replaced with the following: Section 2.06 Planned Unit Developments Planned Unit Developments (PUD) shall not be approved after September 1, 2016. Planned Unit Developments approved prior to September 1, 2016 shall be regulated according to the approved PUD on file with the Town's Development Services Department. 2756602.6 9 Amendments to Chapter 12 — Commercial Zonina Districts The Town of Fountain Hills Zoning Ordinance, Chapter 12 (Commercial Zoning Districts), Section 12.02 (Permitted Uses), Subsection D, is hereby amended as follows: Section 12.02 Permitted Uses D. In C-3 Zoning Districts, the following uses are also permitted: 7. New and used automobileS, boats, golf carts, all -terrain vehicles, motorcycles, travel trailers, recreational vehicle sales and rental, including outside display area, provided all sales and repair activities are conducted within a building and subject to Site Plan approval le# PURSUANT TO SECTION 2.04 OF THIS ZONING ORDINANCE. 2756602.6 10 Amendments to Cha ater 13 - Industrial Zoning Districts The Town of Fountain Hills Zoning Ordinance, Chapter 13 (Industrial Zoning Districts), Section 13.05 (Procedural Regulations), is hereby deleted in its entirety and reserved for future use. The Town of Fountain Hills Zoning Ordinance, Chapter 13 (Industrial Zoning Districts), Section 13.06 (Expiration of Approval), is hereby deleted in its entirety and reserved for future use. 2756602.6 11 Amendments to Chaster 17 - Wireless Telecommunications Towers and Antennas The Town of Fountain Hills Zoning Ordinance, Chapter 17 (Wireless Telecommunications Towers and Antennas), Section 17.06 (Special Use Permits), Subsection B (Towers), paragraph 1 (Information Required), part "a" is hereby amended as follows: Section 17.06 Special Use Permits B. 2756602.6 Towers: 1. Information required. In addition to any information required for applications for special use permits pursuant to Chapter 2, Section 2.02 of this Zoning Ordinance, applicants for a special use permit for a tower shall submit the following information: a. A SITE Plan as required in Sectioi zoning, General Plan classification of the site and al within the applicable separation distances set forth 17.07(B), adjacent roadways, proposed means elevation drawings of the proposed tower and structures, and other information deemed by the Development SERVICES Director to be necessary compliance with this chapter. 12 1 2.04 plus I properties in Section of access, any other to assess Amendments to Chapter 18 — Town Center Commercial Zon i ng District The Town of Fountain Hills Zoning Ordinance, Chapter 18 (Town Center Commercial Zoning District), Section 18.11 (Parking and Loading), Subsection B. is hereby amended as follows: Section 18.11 Parking and Loading B. A shared parking plan may be proposed for developments within the TCCD according to the following guidelines: 4. A shared parking plan shall be subject to review and approval by the Planning and Zoning Commission during SITE eenc Plan review. 5. Shared parking shall conform to the following standards: e. Easements: Owner Affidavit; Parking Association. When shared parking is permitted, the applicant shall ensure that all owner(s) of the property on which the shared parking is located shall, prior to SITE eene Plan approval, (1) record an irrevocable easement over such property for the benefit of the applicant's property and (2) file a parking affidavit with the Planning and Zoning Director indicating the (A) the joint use is acceptable and will not interfere with the owner's current use and (B) owner agrees and understands that future development on the owner's property may be limited due to the shared parking. In cases where parking for a project is to be provided on more than one (1) lot, a parking association shall be formed by the owners of the affected parcels prior to SITE een Plan approval. Documentation of the association's recorded conditions, covenants and restrictions shall be provided to the Planning and Zoning Director, or designee, prior to SITE eenePlan approval and shall be in a form acceptable to the Town Attorney. 2756602.6 13 The Town of Fountain Hills Zoning Ordinance, Chapter 18 (Town Center Commercial Zoning District), Section 18.14 (Density, Area, Building and Yard Regulations), is hereby amended to delete the reference to "Concept Plan" in footnote "a" and replace it with "Site Plan." 2756602.6 14 Amendments to Chanter 19 - Architectural Review Guidelines The Town of Fountain Hills Zoning Ordinance, Chapter 19 (Architectural Review Guidelines), Section 19.02 (Applicability), is hereby amended as follows: Section 19.02 Applicability A. All proposed retail, service, commercial, wholesale, transportation, industrial or multi -family developments, re -developments or expansions, THAT are subject to Site Plan Review; al Pinr=it nr- Pi 131=n pursuant to the provisions of Chapter 2 shall be subject to Design Review and approval by the SAME PERSON OR ENTITY RESPONSIBLE FOR APPROVING THE SITE PLAN prior to the issuance of any Special Use Permit or Building Permit in connection with such development, re- development or expansion. Likewise, prior to the issuance of a Certificate of Occupancy, all conditions of said Design Review and approval must be met. The Town of Fountain Hills Zoning Ordinance, Chapter 19 (Architectural Review Guidelines), Section 19.07 (Administration), is hereby amended as follows: Section 19.07 Administration A. When DESIGN REVIEW OF A SITE PLAN IS REQUIRED TO BE COMPLETED BY ' };nr%, the Planning & Zoning Commission AND THE TOWN COUNCIL, EACH shall hold eene ~ent ITS DESIGN REVIEW hearings DURING THE SITE Plan Review PROCESS CONDUCTED PURSUANT TO SECTION 2.04 OF THIS ZONING ORDINANCE. All DESIGN Reviewer hearings and decisions shall be completed in conjunction with the SITE Plan Review, unless specifically requested otherwise by an applicant. 2756602.6 15 Amendments to CHAPTER 23 - PLANNED AREA DEVELOPMENT (P.A.D.) DISTRICT The Town of Fountain Hills Zoning Ordinance, Chapter 23 (Planned Area Development (P.A.D.) District), Section 23.04 (Intensity of Land Use), Subsection B, is hereby amended as follows: Section 23.04 Intensity of Land Use B. The yard, building setback, building height, lot size, and other requirements within the district shall be those approved in the SITE Plan as provided below in Subsection 23.07(B){-�-}. The Town of Fountain Hills Zoning Ordinance, Chapter 23 (Planned Area Development (P.A.D.) District), Section 23.05 (Design Standards), Subsection A (Consistency with Standards), is hereby amended as follows: Section 23.05 Design Standards A. Consistency with Standards: The design of the project shall be consistent with any existing guidelines applicable to the land uses proposed, including, but not limited to, the Town's Commercial/Multi- Family Architectural Design Review Guidelines and SITE Plan requirements. The Town of Fountain Hills Zoning Ordinance, Chapter 23 (Planned Area Development (P.A.D.) District), Section 23.06 (General Requirements and Standards), Subsection C (Approval of Development Plan), is hereby amended as follows: Section 23.06 General Requirements and Standards ■ ■ ■ co Approval of Development Plan: No building, subdivision or zoning approval shall be issued for any use under a P.A.D. zoning designation 2756602.6 16 prior to approval of the Development Plan as prescribed herein. FOR THE PURPOSES OF THIS CHAPTER, "DEVELOPMENT PLAN" SHALL COLLECTIVELY MEAN THE TOWN -APPROVED VERSION OF THE SITE PLAN SUBMITTED ACCORDING TO SUBSECTION 23.07(B) BELOW, THE ADDITIONAL REQUIRED STUDIES PROVIDED ACCORDING TO SUBSECTION 23.07(C) BELOW, THE PROJECT NARRATIVE PROVIDED ACCORDING TO SUBSECTION ??.^:'(^; QE! ^!".' 2.04(C) ABOVE AND THE PHASING PLAN SUBMITTED ACCORDING TO SUBSECTION Z1:2 nzzi=� QQi n�n� 2.04(C) ABOVE. —, --- -- The Town of Fountain Hills Zoning Ordinance, Chapter 23 (Planned Area Development (P.A.D.) District), Section 23.07 (Application and Procedures), is hereby amended as follows: Section 23.07 Application and Procedures A. Pre -application Meeting: Prior to making a P.A.D. application, the applicant shall meet with appropriate Town staff to discuss the development concept, the review and approval process, and the submittal requirements. Be SITE Plan: The P.A.D. zoning district may only be developed in accordance with an approved SITE Plan PREPARED AND APPROVED ACCORDING TO SECTION 2.04 OF THIS ZONING ORDINANCE. The neyelemment Phan fer the area of the D A n I I 1%, 161 V %-'I wr I I IwI I% I I%.^ I I I %.F I %A I w %.A I wl %.I I %.F I off IL nnt N.11ow VV �• + a s a a a IIIIIIIIIIII III + a Pill I I � a s+ . • a � a s �• a a s . _AL_ AN a s a a a a a + 0111 a s . a s a - . a+ a a s r •� a+ a a r MINE a a a + a s a •� aa Al a a . . . . � a a a s + a a+ a a a s II�oo .I Lot. . . 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N a a as a s a s a + a a s a s+ a a + . . . .. . as a a09�l as + a no a 11111 1%0 *10 • 9 GO 63% t AW GAI f0f s �nhnnl . "ta C. ADDITIONAL REQUIRED STUDIES: t1. Master water, sewer and drainage plans. The plans shall indicate the approximate alignment and sizing of water lines, sanitary sewers, and storm sewers (if any), as well as easements for utilities, if necessary. Evidence must be submitted that the water company operating in Fountain Hills and the Fountain Hills Sanitary District approve the alignment and sizing of proposed utilities. Show existing and proposed grades and drainage systems and how drainage is altered, how it is redirected to original channel, and how the requirements regarding storm water runoff and drainage have been met. 12. A Traffic Impact Analysis including projected volumes on streets within and adjacent to the site. Indicate off-site improvements necessary to accommodate the increase in traffic at level of service C or better. Indicate any proposed phasing of traffic improvements and relate such traffic improvements to the overall phasing of the project. 2756602.6 19 ' I I 1 I lnmclimn mnci c-lrfmee . Mator-emir. f:,Qr- Pkil na-ctrinot nmr-Leinn mmid mromen - 1 cl 1 %A F F I %.P V -..o %A I-P eess %.I I %.- I %L1 V V I I %A V V I 1 %0 w-P %.o 0 v e • e s a Fe., p a i d I %e, F =1MM1;r-=1Mt We 1 1 I I . C -D. Project Narrative: 1. The applicant shall submit a statement describing the terms and conditions under which the property will be developed and maintained subsequent to development. Such statements shall include any conditions, performance standards and other reasonable restrictions as may be necessary to ensure the development and maintenance of the property in accordance with the approved Development Plan. The purpose of this narrative is to provide a clear and concise statement for the review process to ensure a better understanding of the proposed development concept. 2. The applicant shall submit a description of the objectives to be achieved by the development concept. The statement shall include, but is not limited to: a. The manner in which the proposed development meets the P.A.D. standards as set forth in the Zoning Ordinance. b. The proposed architectural and site design concepts including style, colors and type of materials, placement of structures to maximize views and take advantage of the site's natural characteristics. C. Specific concepts by which the proposed development will make an orderly transition from existing or planned 2756602.6 20 adjacent development, including varied setbacks and facade treatment, open space elements, screening of parking areas and landscaping of public or private open spaces and recreational facilities. d. Intended design philosophy and environmental quality described by written text, graphics or photography, or a combination thereof. 3. General description of the availability of other community facilities, such as schools, fire protection services and cultural facilities, if any, and how these facilities are affected by this proposal. 4. Evidence that the proposal is compatible with specifically cited goals of the Fountain Hills General Plan and any applicable area specific plan. SE. Phasing of Development (Phasing Plan): 1. Any P.A.D. plan proposed to be constructed in phases shall include full details relating to each phase, including the type of development, density, lot coverage and a map designating the phases and sequence of development. Each phase shall be designed so that it may be developed independently of other, subsequent phases. 2. The Phasing Plan shall include the projected time for beginning and completion of each phase. A modification of the timing of any of the phases of development may be approved by the Town Manager or his designee upon the showing of good cause by the developer. EF. Approval of the Development Plan: The review of a Development Plan shall be in conjunction with the rezoning of the property. The Planning and Zoning Commission shall base its recommendation, and the Town Council shall base its decision, on the conformance of the proposed DEVELOPMENT Plan with the Town's General Plan, any applicable area specific plan and the stated purpose of the P.A.D. district. FG. Recordation of Development Plan: Within 30� days of receiving zoning and Development Plan approval by the Town Council, the TOWN shall, at applicant's expense, record NOTICE OF 2756602.6 21 the Development Plan and conditions of approval with the Maricopa County Recorder's Office. 2756602.6 22