HomeMy WebLinkAboutOrd 2020-09 ORDINANCE NO. 20-09
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE
TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER
19, ARCHITECTURAL REVIEW GUIDELINES, SECTION 19.05 I,
PUBLIC ART REQUIREMENT, BY AMENDING THE PUBLIC
ART FEE PROVISIONS TO CONFORM TO THE TOWN OF
FOUNTAIN HILLS PUBLIC ART MASTER PLAN
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") adopted
Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for the Town
of Fountain Hills (the "Zoning Ordinance"); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter 19,
Architectural Review Guidelines, by amending Section to 19.05 I, Public Art Requirement, to
reference the Council adopted "Percent for Public Art Requirement for Development" as set forth
in the Town of Fountain Hills Public Art Master Plan; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIz. REV. STAT. § 9-
462.04, public hearings regarding this ordinance were advertised in the April 22, 2020 and April
29, 2020 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on
May 11, 2020 and by the Town Council on June 16, 2020.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 19, (Architectural Review Guidelines), Section
19.05 I, Public Art Requirement is amended as follows:
1. All development proposals subject to Design Review under this Chapter shall be required
to COMPLY WITH THE "PERCENT FOR PUBLIC ART REQUIREMENT FOR
DEVELOPMENT," AS SET FORTH IN THE TOWN OF FOUNTAIN HILLS PUBLIC ART
MASTER PLAN, ADOPTED 3 MARCH, 2020 AND AS MAY BE THEREAFTER
AMENDED, provide one of the following prior to the issuance of a Certificate of
Occupancy.
a. Exterior public art of an appraised or invoiced value equal to or greater than 1°10 of
features-using recycled water are preferred; or
ORDINANCE 20-09 PAGE 2
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than 1°1° of the cost of building constructs
2. The value of construction costs will be determined by the Town using standard valuation
3. Applicants are encouraged to meet with the Fountain Hills Cultural Council for
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance
is for any reason held to be 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 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby
authorized and directed to execute all documents and take all steps 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
16th day of June, 2020.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
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Ginny Dick Mayor Elizabeth A. ke, Town Cler
REVIEWED BY: APPROVED AS TO FORM:
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Grady E. Mi r, wn Manager Aaron D. Arnson, Town Attorney