Loading...
HomeMy WebLinkAboutOrd 1996-36@ @ITEM 199636 Amend Definitions/Eliminate Four Times the Footprint Option — Only Partial Approval ORDINANCE 96 - 36 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE CHAPTER 1, OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY AMENDING THE DEFINITION SECTION TO AVOID CONFLICTING DEFINITIONS WITH THE SUBDIVISION ORDINANCE OF THE TOWN OF FOUNTAIN HILLS. 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 have consistent definition of terms in its land use ordinances and consistent grading standards in its subdivision and zoning ordinances, 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 advertised the proposed text amendments to the Zoning Ordinance of the Town of Fountain Hills, herein contained this ordinance in the official newspaper of general circulation, The Times of Fountain Hills on July 10, 17, 24, September 4, 11, and 18, 1996; and WHEREAS, The Planning and Zoning Commission's public hearing and the Town Council's public hearing was advertising in the official newspaper of general circulation, The Times of Fountain Hills on July 10, 17, 24, September 4, 11, and 18, 1996; and WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on July 25, 1996 and by the Fountain Hills Town Council on September 19, 1996; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. The Zoning Ordinance for the Town of Fountain Hills is amended as follows. CHAPTER 1. SECTION 1.12 Adjacent: Nearby, not distant or having a common endpoint or border. Building: Any structure used for the support, shelter, housing or enclosure of persons, animals, chattels or property of any kind, with the exception of doghouses, playhouses and similar structures. Clearing: The removal an disposal of all obstructions such as fences, walls foundations, buildings and existing structures, and accumulations of rubbish of whatever nature. Also the substantial removal of trees, also the substantial removal of trees, shrubs, cacti, and other indigenous vegetation, but not including grass and weeds considered to be a potential fire hazard. Condominium: Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. Density: The average number of families, persons or housing units per unit of land; usually density is expressed "per acre" thus, the density of a development of 300 units occupying 40 acres is 7.5 units per acres. The control of density is one of the basic purposes of zoning. Dwelling unit: A building or portion thereof having restricted access to one kitchen or area convertible to kitchen activities, built in accordance to the building code adopted in the town, or if built prior to incorporation, adopted by Maricopa County, designed exclusively for residential purposes, including single-family and multi -family dwelling; but not including hotels, motels, boarding and lodging houses, fraternity and sorority houses, rest homes and nursing homes, or child care nurseries. Easement: A specified area on a lot or parcel of land reserved or used for the location of and/or access to, utilities, drainage or other physical access purposes, or for preservation of undisturbed terrain for the benefit of the general public. Grade: The elevation of the land. Grade, natural: Elevation of the natural or undisturbed ground surface prior to any grading operation. If the "natural grade" can no longer be determined, then the grade elevation existing on September 20, 1991, as shown on the town's topographical maps of that date, shall be used in lieu thereof. If a parcel of land is not shown on the September 20, 1991 topographical maps, "natural grade" shall be as shown on a topographical map that has been both prepared after September 20, 1991 and that is acceptable to the town engineer. Landscaping: An area which has been improved through the harmonious combination and introduction of trees, shrubs and ground cover, and which may contain natural topping material such as boulders, rock, stone, granite or other approved material. The area shall be void of any asphaltic or concrete pavement except for pedestrian walkways. A. "Fully abutting" areas are those landscaped or revegetated areas, such as disturbed area that is proposed to look as if no disturbance activity has occurred, where natural undisturbed areas abut one side of a revegetated area. B. "Partially abutting" areas are those landscaped or revegetated areas, such as a disturbed area that is proposed to look as if no disturbance activity has occurred, where natural undisturbed areas abut one side of a revegetated area. C. "non -abutting" areas are those landscaped or revegetated areas that are not intended to fully resemble the preexisting natural undisturbed landscaping of the site. Lot: A single piece of property located in a recorded subdivision, having frontage on publicly dedicated and accepted street or an approved private road, which is described and denoted as such. Lot coverage: That portion of a lot or building site, which is occupied by any building or other covered structure, excepting paved areas, walks, and swimming pools. Lot line, front: In the case of an interior lot, a line separating the lot from the street right-of- way. In the case of a comer lot, The narrower of the two lot lines adjoining a street right-of-way. Lot line, rear: A lot line, which is opposite and most distant from the front lot line. In the case of a lot having five (5) or more sides, the rear lot line shall be any lot line, other than the front lot line, which intersects a side or a street side lot line at any angle less than one hundred thirty five (135) degrees. Lot line, street side: That lot line or lines on a corner lot adjoining a street right-of-way that connects the front lot line to a rear lot line. Lot line, side: Those lot lines other than a street side lot line that connects the front and rear lot lines. Mobile home subdivision: A subdivision designed for residential use where the residences are mobile homes and structures conforming to the adopted building codes of the town. Open space: Any parcel or area of land or water unimproved or improved and set aside, dedicated, designated, or reserved for the public or private use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Planned unit development: A development of five (5) or more acres in size in which flexibility can be permitted in lot size, lot width, lot coverage, and setbacks, in order to encourage more creative and imaginary design, thereby preserving natural features, protecting environmentally - sensitive areas and/or providing usable open spaces within the development. Planning and zoning commission: The town of fountain hills planning and zoning commission. Public utility: Private or public facilities for distribution of various services, such as water, power, gas, communication, etc., to the public. Retaining wall: A wall or terraced combination of walls used to retain to retain earth, but not directly supporting the wall of a building, including stacked rock and imbedded boulder walls. Right-of-way: (row): Includes any public or private right-of-way and includes any area required for public use pursuant to any official plan. Street, public: A right-of-way, dedicated to and accepted by the town of fountain hills, for public uses, which provides the principal vehicular and pedestrian access to adjacent properties. Town council: The mayor and common council of the town of fountain hills. Transmission line, overhead: An electrical power line which is capable of conveying sixty-nine thousand (69,000) or more volts of power. Utility services: Service to the power of water, sewer, gas, electricity, telephone and cable television. The foregoing shall be deemed to include attendant facilities and appurtenances to the above uses, including, without limitation, stations along pipelines, and substations along electric transmission lines; but not including public utility treatment and generating plants or offices. Yard: A minimum required open area adjacent to a lot line that shall be free from any structure except as specified in the town of fountain hills zoning ordinance. Yard, front: A yard, the depth of which is the minimum required horizontal distance between the front line and the front yard setback line, which yard extends across the full width of the lot. For a corner lot, the front yard is the narrower of the two street side frontages. Yard, rear: A yard, the depth of which is the minimum required horizontal distance between the rear lot line and rear -yard setback line, which yard extends across the full width of the lot, not including any portion of a required street side yard. Yard, side: A yard, the width of which is the minimum required horizontal distance between the side lot and the side -yard setback line not including any portion of the required front yard or required rear yard. Yard, street side: Any yard, the depth of which is the minimum required horizontal distance between the street side lot line and the street side -yard setback line, not including any portion of the required front yard. Zone: A district classification established by this ordinance, which limits or permits various and specific uses. Zoning clearance: The approval by the community development director of a plan that is in conformance with the zoning ordinance for the town of fountain hills. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this nineteenth day of September, 1996. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Jerry Miles, Mayor REVIEWED BY: Paul L. Nordin, Town Manager Cassie Hansen, Town Clerk APPROVED AS TO FORM: William E. Farrell, Town Attorney vote. Councilman O'Brien asked if a new edition of the Subdivision Ordinance as revised and amended could be provided to assure the Council that everything previously approved and agreed to was included. Town Attorney Farrell stated a Resolution would be presented at the next regular Council meeting to adopt the completed updated text of the Subdivision Ordinance. Gordon Pittsenbarger, on behalf of the Fountain Hills Licensed Contractors Association, asked the Council to consider the elimination of the 10' and 20' buffer zones around homes, eliminate driveway and utility trenches from disturbance calculations along with the disturbance requirements around retaining walls. Councilman Poma AMENDED MOVED to amend the motion to include the removal of "buffers" from the disturbance calculations. Councilman Apps SECONDED the amendment. The amendment FAILED with a 4-2 vote. Councilman Poma and Apps cast the aye votes. Greg Bielli, MCO Properties, asked for clarification regarding the Mower Amendment #2. He stated the version he had eliminated the options of lot by lot or hillside protection easement development and stated he understood those options were still available. Mayor Miles assured him that the options remained. Margaret Gelinas predicted property owners building a home on an acre lot would need 15,000 square feet of disturbance. She stated her concerns regarding the restriction of construction of larger homes on 2-acre hillside lots. She suggested the site plan stage would be the appropriate time to calculate disturbance. A roll call vote on the original motion to approve Ordinance 96-29 as amended was delayed by Mayor Miles who called for a 5-minute recess to consult with counsel. Mayor Miles reconvened the meeting and voted nay on the motion which resulted in a 4-2 vote on the motion which FAILED. Councilman Poma, Apps and Councilwoman Wiggishoff also cast nay votes. Mayor Miles said he had conferred with counsel to clarify that if the vote on a motion failed, the motion could be reconsidered by any who voted with the majority. Mayor Miles MOVED to reconsider the issue to adopt of Subdivision Ordinance with approved amendments and additions. Councilman Poma SECONDED the motion. Councilwoman Wiggishoff AAfENDED MOVED to amend the motion by replacing te--replxee the Mower Amendment (#2) with the O'Brien Amendment (#3). Mayor Miles SECONDED the amendment. Councilman O'Brien viewed the amendment #3 as basically identical to Councilman Mower's amendment. Mayor Miles indieated he did not went to delay the passage of the SubdiN,isien Ordinanee any longen A roll call vote on the amendment FAILED with a 5-1 vote. Councilwoman Wiggishoff cast the aye vote. Councilman Apps MOVED to eliminate the driveway disturbance from the hillside calculations. The motion DIED for lack of a second. Mayor Miles called for a roll call vote on the Subdivision Ordinance which included the Mower Amendment (#2) and Amendment #4. The motion CARRIED with a 5-1 vote. Councilwoman Wiggishoff cast the nay vote. AGENDA ITEM #23 - PUBLIC HEARING ON ORDINANCE 96-36, AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY REMOVING CONFLICTING DEFINITIONS WITH THE SUBDIVISION ORDINANCE AND ELIMINATING THE PROVISION ALLOWING DISTURBANCE OF A LOT TO BE AT LEAST 12,000 SQUARE FEET WHEN CALCULATING FOUR TIMES THE FOOTPRINT OF THE PRIMARY STRUCTURE, AND ALLOWING THE REMAINDER OF THE LOT TO BE DISTURBED IF LESS THAN 6,000 SQUARE FEET. Minutes of We Regular Session of the Town Council 9/19/% Page 6 of 9 Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing. Mayor Miles clarified that the elimination of the "four times the footprint" grading standard would apply to lots and parcels located in subdivisions submitted after September 1, 1996. Gordon Pittsenbarger spoke in opposition to the ordinance. Mr. Jeppson pointed out conflict between the Zoning Ordinance containing a definition concerning a 15% slope as opposed to the Subdivision Ordinance definition with respect to a 10% slope. Margaret Gelinas expressed her concerns about the unclear language of the agenda verbiage. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council. AGENDA ITEM #24 - CONSIDERATION OF ORDINANCE 96-36 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY REMOVING CONFLICTING DEFINITIONS WITH THE SUBDIVISION ORDINANCE AND ELIMINATING THE PROVISION ALLOWING DISTURBANCE OF A LOT TO BE AT LEAST 12,000 SQUARE FEET WHEN CALCULATING FOUR TIMES THE FOOTPRINT OF THE PRIMARY STRUCTURE, AND ALLOWING THE REMAINDER OF THE LOT TO BE DISTURBED IF LESS THAN 6,000 SQUARE FEET. Councilman O'Brien suggested the Council consider allowing a certain number times the footprint but eliminating the remainder of the calculations concerning 12,000 square feet disturbance and the minimum disturbance of 6,000 square foot lots. Mr. Jeppson suggested if the Council was changing the contents of the ordinance, the Council could adopt Chapter 1, Section 112 which was part of Ordinance 96-36 and direct staff to reconsider the language on 5.11. Town Attorney Farrell stated the changes that would result from the rewrite would be significantly different than the text that was advertised and advised a public hearing should be held at the Planning & Zoning Commission after it has been re -advertised. A public hearing would then be held at the Council level after the P&Z hearing. Councilman O'Brien MOVED to approve Chapter 1, Section 112 which was part of Ordinance 96-36. Councilwoman Wiggishoff SECONDED the motion which CARRIED with a 5-1 vote. Councilman Apps cast the nay vote. AGENDA ITEM #25 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON A PROPOSAL TO REZONE .1212t ACRES OF LAND LOCATED NORTHEAST OF LOT 32 IN THE SUNRIDGE CANYON ESTATES SUBDIVISION FROM THE "OSR" TO THE "Rl-8A" ZONING DISTRICT, SO THAT ALL OF LOT 32A IN THE PROPOSED REPLAT OF LOT 32 IS LOCATED IN THE "Rl-8A" ZONING DISTRICT, CASE NUMBER Z95.23. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing. Mr. Jeppson said the purpose of the replat was an adjustment to rezone property outside Lot 32. No one from the public spoke for or against the rezone request. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council. AGENDA ITEM #26 - CONSIDERATION OF ORDINANCE 96-37, REZONING .1212t ACRES OF LAND LOCATED NORTHEAST OF LOT 32 IN THE SUNRIDGE CANYON ESTATES SUBDIVISION FROM THE "OSR" TO THE "R1-8A" ZONING DISTRICT, SO THAT ALL OF LOT 32A IN THE PROPOSED REPLAT OF LOT 32 IS LOCATED IN THE "RI-8A" ZONING DISTRICT, CASE NUMBER Z95-23. Councilwoman Wiggishoff MOVED to approve Ordinance 96-37. Councilman Apps SECONDED the motion which CARRIED unanimously. AGENDA ITEM #27 - CONSIDERATION OF THE FINAL REPLAT OF SUNRIDGE CANYON ESTATES Minutes of the Regular Session of the Town Council 9/19/96 Page 7 of 9