HomeMy WebLinkAboutOrd 1999-18 TOWN OF FOUNTAIN HILLS ORDINANCE #99-18 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 5, SECTION 5.06 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO CREATE AMENDED FRONT OR STREET SIDE YARD SETBACKS FOR LOTS ON "HAMMERHEAD"-TYPE CUL-DE-SACS IF CERTAIN CRITERIA ARE MET. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted The Zoning Ordinance for the Town of Fountain Hills, and; WHEREAS, Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, provides for a procedure to amend said ordinance, and; WHEREAS, The Town of Fountain Hills desires to amend its regulations to create amended front or street side yard setbacks for lots on "hammerhead"-type cul-de-sacs if certain criteria are met, and; WHEREAS, The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills have been followed, and; WHEREAS, The Town of Fountain Hills has rewritten the text of Chapter 5, Section 5.06 of The Zoning Ordinance for the Town of Fountain Hills and published these proposed text changes in the official newspaper of general circulation, The Times of Fountain Hills and Rio Verde on April 7, 14, 21 and 28, 1999 and on May 5, 1999 and; WHEREAS, Public hearings were advertised in the April 7, 14, 21 and 28, 1999 and in the May 5, 1999 editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04, and; WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on April 22, 1999 and by the Fountain Hills Town Council on May 6, 1999. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, Chapter 5, Section 5.06 of The Zoning Ordinance for the Town of Fountain Hills shall be amended as follows: (kir ORDINANCE 99-18 �,�pq PAGE 1 OF 2 -PAS PAIL, --‘21 MOTION "^ SECOND ` 4'-'r' COUNT The proposed amendment is shown below. Text to be added is double-underlined. 5.06 Yard,Lot,and Area Requirements 1. Hammerhead Cul-de-Sacs. Front or street side yards that abut the hammerhead right- of way on lots that are located on the outlet side of and immediately abutting the hammerhead terminus shall be calculated by disregarding the perpendicular portion of the hammerhead if all of the following criteria are met: A. The lot immediately adjacent to the subject lot and at the end of the hammerhead terminus is developed, and; B. The Town Engineer has determined that safe vehicular ingress and egress is maintained for the abutting developed lot due to any encroachment, such as a building, wall or fence, into the front or street side yard of the subject lot. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 6th day of May, 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: L et44,4-AZ Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk REVIEWED BY: APPROVED AS TO FORM: 1. G 0%����Gtit.¢L.0 gc.,,td„ aul or in, o n Manager William E. Farrell, Town Attorney ORDINANCE 99-18 PAGE 2 OF 2