HomeMy WebLinkAboutOrd 2020-07 ORDINANCE NO. 20-07
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS
SUBDIVISION ORDINANCE, ARTICLE 2, SECTION 2.08, AND ARTICLE 5,
SECTION 5.02 AND SECTION 5.04 IN THE FOUNTAIN HILLS SUBDIVISION
ORDINANCE TO REMOVE THE REQUIREMENTS FOR 6-FOOT TALL CHAIN
LINK FENCING TO DELINEATE THE DISTURBANCE LIMIT BOUNDARIES
AND TO ALLOW ORANGE HIGH VISIBILITY CONSTRUCTION FENCING TO
BE USED TO DELINEATE THE DISTURBANCE LIMIT BOUNDARIES.
RECITALS:
WHEREAS, the Mayor and the Council of the Town of Fountain Hills (the"Town Council")adopted
Ordinance No. 96-29, which established the Subdivision Ordinance for the Town of Fountain Hills
(the "Subdivision Ordinance"); and
WHEREAS, the Town Council desires to amend Article 2 (Platting Procedures), Section 2.08
(Abandonment of Recorded Subdivision); and, Article 5 (Grading Standards), Section 5.02
(Subdivision grading Standards) and Section 5.04 (Hillside Disturbance) of the Subdivision
Ordinance to address issues related to hillside disturbance and the abandonment of hillside
protection easements; and
WHEREAS, public hearings regarding this Ordinance were advertised in the April 29, 2020, and
May 6, 2020, editions of the Fountain Hills Times; and
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The foregoing recitals are incorporated as if fully set forth herein.
SECTION 2. The Subdivision Ordinance, Article 2, Platting Procedures, Section 2.08, Abandon-
ment of Recorded Subdivision, is hereby amended as follows to add a new Subsection C:
Section 2.08 Abandonment of Recorded Subdivision
C. Applications for abandonment of all or a portion of a recorded Hillside
Protection Easement as required in Section 5.04 of this ordinance may be
4 reviewed and approved by the Development Services Director for
easements which would not be required under the current Subdivision
Ordinance.
SECTION 3. The Subdivision Ordinance, Article 5, Grading Standards, Section 5.02, Subdivision
Grading Standards, is hereby amended by adding to subsection C.2 as follows:
Section 5.02 Subdivision Grading Standards
ORDINANCE 20-07 PAGE 2
Section 5.02 C. 2.
2. A 20' wide band of primary driveway access (measured from the back of
curb to the nearest point of intersection with any portion of the house, the
garage door or a carport or covered driveway, if any) is excluded from the
hillside disturbance limitations whether done by the Hillside Protection
Easement Option or the Hillside Transfer and Protection Option.
SECTION 4. The Subdivision Ordinance, Article 5, Grading Standards, Section 5.04, Hillside
Disturbance, is hereby amended as follows:
Section 5.04 Hillside Disturbance
Section 5.04 B.4.
4. The Development Services Director may consider additional exemptions to
or modifications of the disturbance area required by Section 5.04 when, in
the determination of the Development Services Director, the specific
situations of the lot(lot configuration, steep slope on the lot adjacent to the
street, location of appropriate building site, etc.) make development of the
specific lot impractical under the provisions of this ordinance. The relief
allowed shall be the minimum necessary to facilitate construction on the
property.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is
for any reason held invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 6. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby
authorized and directed to take all steps and execute all documents necessary to carry out the
purpose and intent of this Ordinance.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, this 2nd
day of June, 2020.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Gin DickeyciVlayor E ii zabet . Burke, Town rk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. filler, wn Manager aron D. Arn , own Attofney
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