HomeMy WebLinkAboutPZ.2014.0925.Agenda AIN 11
jl POST AGENDA
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n REGULAR MEETING NOTICE
z
C 3
OF THE
that is AIVI'
PLANNING AND ZONING COMMISSION
Commission Members:
Chairman Lloyd Pew and Vice-Chairman Mike Archambault
Commissioners:Angela Strohan,Howie Jones,Stan Connick,Eugene Slechta and Steven Harris
Pursuant to A.R.S. 38-431.02, notice is hereby given to the members of the Fountain Hills Planning and Zoning
Commission and to the general public that the Fountain Hills Planning and Zoning Commission will hold a regular
meeting,which is open to the general public, on September 25,2014,at 6:30 p.m. in the Town Hall Council Chambers at
16705 E. Avenue of the Fountains,Fountain Hills, Arizona.
Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of
the Town's Council members or various Commissions or Boards may be in attendance at the Commission meeting.
TIME: 6:30 P.M. —REGULAR SESSION
WHEN: THURSDAY,SEPTEMBER 25,2014
WHERE: TOWN HALL COUNCIL CHAMBERS
• 16705 E.AVENUE OF THE FOUNTAINS
PROCEDURE FOR ADDRESSING THE PLANNING& ZONING COMMISSION
Anyone wishing to speak before the Commission must fill out a speaker's card and submit it to the Commission Recorder
prior to the Commission's discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby
and near the Recorder's position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Recorder or the Chairman. At
that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting
and to direct their comments to the Presiding Officer and not to individual Commission Members. Speakers' statements
should not be repetitive. In order to conduct an orderly business meeting, the Presiding Officer shall keep control of
the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive
outbursts, applause,protests or other conduct that disrupts or interferes with the orderly conduct of the business of the
meeting. Personal attacks on Commissioners, Town Council members, Town staff or members of the public are not
allowed. Please be respectful when making your comments. If a speaker chooses not to speak when called, the speaker
will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not(i)reserve a portion of
their time for a later time or(ii) transfer any portion of their time to another speaker.
If there is a Public Hearing,please submit the speaker card to speak to that issue prior to the beginning of the Public
Hearing and the Consideration of said issue.
Individual speakers will be allowed three contiguous minutes to address the Commission. Time limits may be waived by
(i) discretion of the Chairman upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of
41) the Commission at Meeting or(iii) the Chairman either prior to or during a Meeting. If you do not comply with these
rules,you will be asked to leave.
Planning and Zoning Commission Agenda
Page 1 of 3
POST AGENDA
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Lloyd.Pew
* MOMENT OF REFLECTION—Chairman Lloyd Pew
* ROLL CALL—Chairman Lloyd Pew
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required)on matters not listed on the agenda. Any
such comment (i) must be within the jurisdiction of the Commission and (ii) is subject to reasonable time, place, and
manner restrictions. The Commission will not discuss or take legal action on matters raised during"Call to the Public"
unless the matters are property noticed for discussion and legal action. At the conclusion of the call to the public,
individual Commission members may(i) respond to criticism, (ii)ask staff to review a matter or(iii) ask that the
matter be placed on a future Commission agenda.
REGULAR AGENDA ITEM(S)
(1) CONSIDERATION of APPROVING the meeting minutes of the regular meeting of the Planning and
Zoning Commission dated August 28, 2014. APPROVED 5-0
(2) PUBLIC HEARING to receive comments on ORDINANCE #14-08 relating to the Subdivision Ordinance of
the Town of Fountain Hills, adopting "The 2014 Hillside Disturbance Amendments to the Subdivision
Ordinance of the Town of Fountain Hills" by reference. Case#Z2014-04
NO ACTION
(3) CONSIDERATION of ORDINANCE #14-08 relating to the Subdivision Ordinance of the Town of Fountain
Hills, adopting "The 2014 Hillside Disturbance Amendments to the Subdivision Ordinance of the Town of
Fountain Hills" by reference. Case#Z2014-04
VOTE: 5-0 TO FORWARD A RECOMMENDATION TO TOWN COUNCIL TO
APPROVE WITH MODIFICATIONS
(4) COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.
Items listed below are related only to the propriety of
(I) placing such items on a future agenda for action or
(ii) directing staff to conduct further research and report back to the commission:
NO ACTION
(5) SUMMARY OF COMMISSION REQUESTS from Senior Planner. NO ACTION
(6) ADJOURNMENT 6:45 PM
Supporting documentation and staff reports furnished to the Commission with this agenda are available for review in the
Planning&Zoning Division of the Development Services Department.
Planning and Zoning Commission Agenda
Page 2 of 3
POST AGENDA
DATED this 16th day of September 2014 By:
L Robert Rodgers, Senior Planner
Planning and Zoning Division
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003
(voice) or 1-800-367-8939 (TDD)48 hours prior to the meeting to request reasonable accommodations to participate in this meeting.
A majority of the Council Members may be in attendance. No official action will be taken.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9 , subject to certain specified statutory exceptions, parents have a right to
consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the
Planning and Zoning Commission are audio and/or video recorded,and,as a result, proceedings in which children are present may be
subject to such recording. Parents in order to exercise their rights may either file written consent with the Town Clerk to such
recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is
present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have
been waived."
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Planning and Zoning Commission Agenda
Page 3 of 3
NAI
z ` REGULAR MEETING NOTICE
b OF THE
that is Ar`ti
PLANNING AND ZONING COMMISSION
Commission Members:
Chairman Lloyd Pew and Vice-Chairman Mike Archambault
Commissioners:Angela Strohan,Richard Turner,Stan Connick,Eugene Slechta and Steven Harris
Pursuant to A.R.S. 38-431.02, notice is hereby given to the members of the Fountain Hills Planning and Zoning
Commission and to the general public that the Fountain Hills Planning and Zoning Commission will hold a regular
meeting,which is open to the general public, on September 25,2014, at 6:30 p.m. in the Town Hall Council Chambers at
16705 E. Avenue of the Fountains, Fountain Hills, Arizona.
Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of
the Town's Council members or various Commissions or Boards may be in attendance at the Commission meeting.
TIME: 6:30 P.M. —REGULAR SESSION
WHEN: THURSDAY,SEPTEMBER 25,2014
WHERE: TOWN HALL COUNCIL CHAMBERS
16705 E.AVENUE OF THE FOUNTAINS
PROCEDURE FOR ADDRESSING THE PLANNING& ZONING COMMISSION
Anyone wishing to speak before the Commission must fill out a speaker's card and submit it to the Commission Recorder
prior to the Commission's discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby
and near the Recorder's position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Recorder or the Chairman. At
that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting
and to direct their comments to the Presiding Officer and not to individual Commission Members. Speakers' statements
should not be repetitive. In order to conduct an orderly business meeting, the Presiding Officer shall keep control of
the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive
outbursts, applause,protests or other conduct that disrupts or interferes with the orderly conduct of the business of the
meeting. Personal attacks on Commissioners, Town Council members, Town staff or members of the public are not
allowed. Please be respectful when making your comments. If a speaker chooses not to speak when called, the speaker
will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not(i) reserve a portion of
their time for a later time or(ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue prior to the beginning of the Public
Hearing and the Consideration of said issue.
Individual speakers will be allowed three contiguous minutes to address the Commission. Time limits may be waived by
(i) discretion of the Chairman upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of
the Commission at Meeting or(iii) the Chairman either prior to or during a Meeting. If you do not comply with these
rules,you will be asked to leave.
Planning and Zoning Commission Agenda
Page 1 of 3
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Lloyd Pew
* MOMENT OF REFLECTION—Chairman Lloyd Pew
* ROLL CALL—Chairman Lloyd Pew
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted(not required)on matters not listed on the agenda. Any
such comment (i) must be within the jurisdiction of the Commission and (ii) is subject to reasonable time, place, and
manner restrictions. The Commission will not discuss or take legal action on matters raised during"Call to the Public"
unless the matters are property noticed for discussion and legal action. At the conclusion of the call to the publics
individual Commission members may (i) respond to criticism. (ii) ask staff to review a matter or(iii) ask that the
matter be placed on a future Commission agenda.
REGULAR AGENDA ITEM(S)
(1) CONSIDERATION of APPROVING the meeting minutes of the regular meeting of the Planning and
Zoning Commission dated August 28, 2014.
(2) PUBLIC HEARING to receive comments on ORDINANCE #14-08, relating to the Subdivision Ordinance of
the Town of Fountain Hills, adopting "The 2014 Hillside Disturbance Amendments to the Subdivision
Ordinance of the Town of Fountain Hills" by reference. Case#Z2014-04
(3) CONSIDERATION of ORDINANCE #14-08, relating to the Subdivision Ordinance of the Town of Fountain
Hills, adopting "The 2014 Hillside Disturbance Amendments to the Subdivision Ordinance of the Town of
Fountain Hills" by reference. Case#Z2014-04
(4) COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.
Items listed below are related only to the propriety of
(i) placing such items on a future agenda for action or
(ii) directing staff to conduct further research and report back to the commission:
(5) SUMMARY OF COMMISSION REQUESTS from Senior Planner.
(6) ADJOURNMENT
Supporting documentation and staff reports furnished to the Commission with this agenda are available for review in the
Planning&Zoning Division of the Development Services Department.
DATED this 16th day of September 2014 By:
ob rt Rodgers, Senior Planner
Planning and Zoning Division
Planning and Zoning Commission Agenda
Page 2 of 3
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003
(voice)or 1-800-367-8939 (TDD)48 hours prior to the meeting to request reasonable accommodations to participate in this meeting.
A majority of the Council Members may be in attendance. No official action will be taken.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to
consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the
Planning and Zoning Commission are audio and/or video recorded, and, as a result,proceedings in which children are present may be
subject to such recording. Parents in order to exercise their rights may either file written consent with the Town Clerk to such
recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is
present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have
been waived."
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Planning and Zoning Commission Agenda
) Page 3 of 3
4
Ai TOWN OF FOUNTAIN HILLS
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n X Planning and Zoning
Board of Adjustment
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AGENDA ACTION FORM
Meeting Date: September 25, 2014 Agenda Type: Regular
Meeting Type: Regular Submitting Department: Development Services
Staff Contact Information: Bob Rodgers, Senior Planner, 480-816-5138, rrodgers(c�fh.az.gov
REQUEST TO PLANNING & ZONING COMMISSION:
PUBLIC HEARING to receive comments on ORDINANCE #14-08: relating to the Subdivision
Ordinance of the Town of Fountain Hills, adopting "The 2014 Hillside Disturbance Amendments to the
Subdivision Ordinance of the Town of Fountain Hills" by reference. Case #Z2014-04
CONSIDERATION of ORDINANCE #14-08, relating to the Subdivision Ordinance of the Town of
Fountain Hills, adopting "The 2014 Hillside Disturbance Amendments to the Subdivision Ordinance of
The Town of Fountain Hills" by reference. Case #Z2014-04
Applicant: Development Services Department
Applicant Contact Information: Bob Rodgers, Senior Planner, 480-816-5138, rrodgers[ci)fh.az.gov
Property Location: Town-Wide
Related Ordinance, Policy or Guiding Principle:
Fountain Hills Zoning Ordinance — Section 5.11 Land Disturbance Standards
Fountain Hills Subdivision Ordinance — Section 5.01 Land Disturbance Standards Purpose & Intent
Fountain Hills Subdivision Ordinance — Section 5.04 Hillside Disturbance
Staff Summary (background):
The Planning & Zoning Commission formed a subcommittee on February 27, 2014 with the purpose
of reviewing the ordinances related to the hillside disturbance envelopes and the way they are
calculated. The subcommittee was charged to look into making recommendations for revising the
standards in order to allow a greater degree of flexibility during hillside lot design and development.
The subcommittee consisted of the following members: Town Council member Dennis Brown,
Planning Commission Chairman Lloyd Pew, Planning Commission Vice Chairman Michael
Archambault, Planning Commissioner Steven Harris, Dave Montgomery, and Clint Scherf.
The subcommittee recommendations are outlined below:
Page 1 of 3
Hillside Disturbance
Ordinance 14-08
Hillside Ordinance Review
Subcommittee Recommendations
The Review Subcommittee recommends the following changes in the Subdivision Regulations to the
Hillside Protection Ordinance Sections:
1. Allow a 20' wide driveway path exemption between the front property line and the
garage door, or front of house if there is no garage.
2. Allow a 10' wide utility trench exemption subject to written confirmation of the
requirement from the utility that the trench be outside of the driveway exemption
area AND that the trench area be re-vegetated.
3. Slopes shall be considered "Hillside" slopes if they are 20% or greater.
4. Up to 40% of the "Hillside" slope areas on a residential lot may be disturbed.
5. Commercially and Industrially zoned properties shall be exempt from the hillside
disturbance limitations.
6. Residential lots that are zoned R1-6, R1-6A, R1-8, R1-8A, R1-10 and R1-10A
(Small Lot Zoning) shall be exempt from the hillside disturbance limitations and
be 100% disturbable.
-he subcommittee reported its findings and recommendations to the full Planning & Zoning
Commission on July 24, 2014. At that meeting, the Commission accepted the subcommittee report
and directed staff to initiate the ordinance amendment process.
Risk Analysis (options or alternatives with implications): NA
Fiscal Impact (initial and ongoing costs; budget status): NA
Recommendation(s):
The Ordinance Review Subcommittee recommends that the Planning & Zoning Commission forward
a recommendation to the Town Council to approve the proposed Subdivision Ordinance text
amendments as presented.
Staff Recommendation(s):
Staff recommends that the Planning & Zoning Commission forward a recommendation to the Town
Council to approve the proposed Subdivision Ordinance text amendments as presented.
SUGGESTED MOTIONS:
Move that the Planning & Zoning Commission forward a recommendation to the Town Council to
approve Ordinance 14-08, a proposed text amendment to the Fountain Hills Subdivision Ordinance
evising the hillside protection standards in order to allow a greater degree of flexibility during hillside
lot design and development.
Page 2 of 3
Hillside Disturbance
Ordinance 14-08
Attachment(s):
Draft Ordinance #14-08
Red-Line Markup showing proposed Subdivision Ordinance Article 5
Clean Draft of proposed Subdivision Ordinance Article 5
Submitted by:
Robert Rodgers 9/162014
Robert Rodgers, Seni•* '"anner Date
Apprnv d� :
9/16/14
Q e S' rvices Director Date
4
Page 3 of 3
ORDINANCE NO. 14-08
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS SUBDIVISION ORDINANCE, ARTICLE 5 (GRADING
STANDARDS), SECTION 5.02 (SUBDIVISION GRADING STANDARDS)
AND SECTION 5.04 (HILLSIDE DISTURBANCE) BY MODIFYING THE
GRADING AND HILLSIDE DISTURBANCE REQUIREMENTS.
of Fountain Hills (the "Town
WHEREAS, the Ma
yor or and the Council of the Town
Y
Council") adopted Ordinance No. 96-29, which established the Subdivision Ordinance for the
Town of Fountain Hills (the"Subdivision Ordinance"); and
WHEREAS, Sections 5.02 and 5.04 of the Subdivision Ordinance contain provisions
relating to grading and hillside disturbance that limit the amount of disturbance allowed on lots
with slopes in excess of 10% (the"Hillside Requirements"); and
WHEREAS, the Town Council desires to amend the Subdivision Ordinance to modify
the Hillside Requirements to allow for greater areas of disturbance on certain lots; and
WHEREAS, public hearings regarding this Ordinance were advertised in the
September 10,2014, and September 17,2014, editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on September 25, 2014, and by the Town Council on October 16,2014.
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 5 (Grading Standards), Subsection
5.02.B (Grading Standards), is hereby deleted in its entirety and replaced with the following:
B. Grading Standards. Unless exempt pursuant to Subsection 5.02.0 of this
Article, the following grading standards shall apply to all property within the
corporate limits of the Town.
1. Residential Property: The area permitted to be disturbed on any platted
residential land is unlimited on terrain sloping less than 20%. Terrain
containing slopes equal to or exceeding 20% is limited to 40%
disturbance, as set forth in Subsection 5.04.A of this Article.
a. When the subdivider has granted a Hillside Protection Easement(s)
and/or has donated undisturbed hillside land to the Town or to a
Town-approved land preservation organization in an amount
necessary to satisfy the hillside protection requirements of this
2220339.1
Ordinance, all areas outside of the Hillside Protection Easement(s)
and/or preservation lands may. be disturbed.
b. When no preservation measures have taken place in the platting
process, the disturbance allowance shall be in accordance with the
grading limitations of Subsection 5.04.A of this Article.
c. If a residual area remains after computing the allowed area of
disturbance of a lot or parcel, and any of the following conditions
apply, the Town Manger or authorized designee may allow the
residual are
a under
owner to disturb all o r a portion ofany
property
of the following circumstances:
1. The residual area of the lot or parcel was previously
disturbed during subdivision construction.
2. There are no rock outcrops, significant topographic features
or significant native vegetation to be preserved.
3. All adjacent property owners were permitted to disturb
property adjacent to the residual area.
d. There shall be no waiver by the Town Manager or authorized
® designee,for disturbance of residual area that:
1. Contains rock outcrops, significant topographical features,
significant native vegetation; or
2. Abuts land dedicated in any form as non-disturbance or
open space, such as wash parcels, native open space tracts,
Hillside Protection Easement(s), or other non-disturbance
areas on privately owned land.
2. Grading of All Un-platted Land, Regardless of the Base Zoning
District: The area permitted to be disturbed for all un-platted land is
unlimited on terrain sloping less than 20%. The area permitted to be
disturbed on slopes equal to or exceeding 20% is set forth in Subsection
5.04.A of this Article.
3. Grading for Non-Residential Structures in Residential Zoning
Districts: The limitations on grading area for non-residential structures in
residential zoning districts as specified in Subsections 5.02.B.1 through
5.02.B.2 of this Article,may be waived by the Town Council.
4. Grading for Parks and Golf Courses: The limitations on disturbance as
• specified in this Article (including area of disturbance as well as height
and retention of cut and fill) may be waived by the Town Council for the
2220339.1
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development of a park, a golf course, trails or other recreational
development that does not entail a building or buildings as the primary
purpose of the development.
5_ Grading for Utility Lines: With the exception of power lines capable of
carrying 69kv or more of voltage, utility lines shall be located
underground. Utilities must be located within allowed disturbance areas as
outlined in Subsection 5.04.B.1.b of this Article.
6. Road Grading: Grading for roads is subject to the cut and fill limitations
of this Article. These limitations may be waived by the Town Council.
7. Total Disturbance: All grading, including subdivision improvement
grading, and/or disturbance performed subsequent to September 20, 1991
is considered to be cumulative under this Article.
8. Disturbance Limit Fencing: Prior to the issuance of a building or
grading permit, and prior to any disturbance activities, a six foot high
imbedded chain-link fence shall be installed on the disturbance limit line
as identified on the approved site plan for the site. The disturbance limit
boundary shall be established and staked by an Arizona-registered land
surveyor. No disturbance limit fencing shall be located outside of the
• surveyor's staked area. Appropriate warning signs in English and Spanish
shall also be posted at least every 100 linear feet on the required fencing.
The Town Manager or authorized designee shall inspect the fence,
signage, and surveyor's staking to insure its proper location and
construction prior to the issuance of the building/grading permit for the
site. Such fencing and signage shall be maintained in place throughout the
grading/construction process and shall only be removed after a final
inspection or Certificate of Occupancy has been issued by the Town.
These regulations may be waived by the Town Manager or authorized
designee if 100% of the lot on which the construction activity is permitted
has been graded or disturbed as part of an approved subdivision grading
permit.
9. Disturbance Buffers: •
a. It is recommended that all proposed non-disturbance areas or
Hillside Protection Easements be located not closer than:
1. Eight feet from any building.
2. Five feet from the outside face of any retaining wall where
the retaining wall is supporting a fill slope.
• 3. One foot from the "day lighted" top of a maximum one to
one cut slope,the toe of such slope beginning at the bottom
2220339.1
3
111) of the outside edge of the footing for any retaining wall
where the retaining wall is supporting a cut slope.
4. Three feet from the outside face of any other wall or fence
or the edge of any fill grading.
5. One foot from the edge of any cut grading.
6. Ten feet from any sewer lateral, or five feet from the edge
of any utility line trench, whichever is greater.
b. If disturbance does take place within a non-disturbance area or
within a Hillside Protection Easement, all construction and grading
activity on the site shall stop, pursuant to a Town-issued stop work
order. The stop work order shall remain effective until the
property owner and the property owner's authorized
representatives, either jointly or severally, do all of the following:
1. Provides the Town with a revised site plan prepared by an
Arizona-registered land surveyor that accurately depicts the
area and size, in square feet, of the disturbance into the
non-disturbance area(s) or Hillside Protection Easement
• area(s).
2. Provides the Town with re-vegetation and irrigation plans
prepared by an Arizona-registered landscape architect for
the non-disturbance or Hillside Protection Easement area(s)
disturbed.
3. Causes the non-disturbance area(s) or Hillside Protection
Easement Area(s) to be re-vegetated and irrigated
according to the submitted and approved re-vegetation and
irrigation plans.
4. Pays to the Town a fee, in an amount determined by the
Town Manager or designee, per square foot of disturbance
that occurred within the non-disturbance areas or Hillside
Protection Easements on the property.
10. Columbaria Disturbance Exemptions by Special Use Permit: The
development of columbaria, including any accompanying features such as
walkways, may be exempted from the regulations of this Subsection
5.02.B by Special Use Permit pursuant to Section 2.02 of the Town
Zoning Ordinance, if all of the following conditions exist:
a. The columbaria is an accessory use to a church.
2220339.1
4
. :
b. The columbaria and any accompanying features shall be designed
to minimally alter the existing topography and vegetation.
c. The columbaria and any accompanying features shall be designed
so that any Natural Features are not disturbed.
d. The building area of the columbaria shall not exceed 10% of the
total building area of the church buildings.
e. A landscape plan prepared and stamped by an Arizona-registered
landscaping architect, which plan meets the applicable landscaping
regulations of Article VI, Section 6.05 of this Ordinance, is
submitted and approved by the Town Manager or authorized
designee.
11. Pad Elevation and Building Location Certifications: Prior to the
approval of any building stem wall inspection or a pre-slab inspection,
whichever occurs first, the property owner or his/her designee shall
provide the Town with a certification statement that is prepared, stamped
and signed by an Arizona-registered land surveyor, that certifies the
finished floor elevation(s) and the horizontal location of the building. Pad
elevations and building locations must be accurate to 1/10th of a foot as
® compared to the approved site plan or an amended site plan. The
requirements in this subsection may be waived at the discretion of the
Town Engineer.
12. Stabilization of Slopes: Slope stabilization is required as set forth in the
Town's most recently adopted version of the International Building Code,
as amended.
13. Pre-Grading: A grading or building permit shall not be conditioned on
altering,modifying or not utilizing existing grading, if the existing grading
work was completed in conformance with valid permits, and does not
present a threat or danger to the proposed development or neighboring
properties. This provision does not prevent the Town Engineer from
requiring necessary documentation of site suitability to assure soil
stability, compaction, and other geotechnical purposes.
14. Restoration of Graded Surfaces:
a. Vegetation shall be reestablished on all exposed fill slopes, cut
slopes, utility lines, driveway(s), and graded surfaces, except for
cosmetic landscaping abutting buildings in accordance with the
standards established in Article VI of this Ordinance. Newly
t exposed rock faces shall be stained to match adjacent areas of the
lot.
2220339.1
5
PIA
b. This re-vegetation process shall be completed prior to the final
approval by the Town Manager or authorized designee, unless a
specific exemption is granted by the Town Manager or authorized
designee. Grading and other improvements for drainage and
erosion control purposes shall also be completed and re-
vegetated/landscaped prior to final inspection.
15. Dust Control: During all grading, and until re-vegetation or site
restoration is completed, dust should be minimized by application of
approved dust control methods.
C. Exemptions:
1. Lots used for governmental purposes and owned by utility companies that
are regulated by the Arizona Corporation Commission, and lots owned by
other political subdivisions of the State or Federal government, are exempt
from the hillside disturbance limitations of Sections 5.02 and 5.04.
2. A 20' wide band of primary driveway access (measured from the back of
curb to the nearest garage door or carport) is excluded from the hillside
disturbance limitations.
3. A 10' wide utility trench exemption may be allowed, subject to written
confirmation of the requirement from the utility company stating that the
trench must be outside the driveway access exemption. Such exempted
area must be re-vegetated upon completion.
4. Single-Family Residential lots zoned Rl-6, R1-6A, R1-8, Rl-8A, R1-10
and R1-10A shall be 100% disturbable and exempt from the hillside
disturbance limitations.
5. Non-residential property in Commercial or Industrial zoning districts shall
be 100%disturbable and exempt from the hillside disturbance limitations.
SECTION 3. The Subdivision Ordinance, Article 5 (Grading Standards), Subsection
5.04.A(Purpose; Methodology),is hereby amended as follows:
A. Purpose; Methodology. The purpose of these hillside regulations is to limit the
amount of hillside disturbance within each subdivision. The amount of hillside
area that may be disturbed shall be based on the severity of the slope. Hillside
areas shall mean any area having slopes equal to or greater than 4-0 20%, as
measured from a topographical contour map prepared and stamped by an
Arizona-registered land surveyor. The Town requires the submission of
topographic contour maps having contour intervals not greater than two feet and
1110 at a scale not smaller than 1" = 20' for sites less than 10 acres. Sites 10 to 100
acres may utilize contour intervals not greater than five feet at a scale not smaller
than 1" = 50'. Sites over 100 acres may utilize contour intervals not greater than
2220339.1
6
i,. ,45 y.+'v t PA
five feet at a scale not smaller than 1" — 100'. Individual non-contiguous areas of
hillside or non-hillside that are less than 500 square feet that are located within
larger areas non-hillside or hillside, respectively, may be included with the larger
area of non-hillside or hillside that surrounds it. Whether a subdivider chooses
the Lot-by-Lot Hillside Protection Option or the Hillside Transfer and Protection
Option as set forth in SnbSections 5.04.G.1 and 5.0'I.G.2, respectively, the actual
square footage of disturbance permitted within one slope interval may be
transferred into areas having lesser degree of slope. The percent of slope shall be
determined by the spacing between the contours lines as shown on the preliminary
plat. Following are the land disturbance allowance of slope interval areas of 500
square feet or more:
Percent of Slope Prreserv.atien Disturbance
Requirement(%)
<10 0 4-00
40-- 20 '0
20 <30 ,0 2-9
30a:ea-mere 30 40
PERCENT OF SLOPE PRESERVATION DISTURBANCE ALLOWANCE
REQUIREMENT(%) (/°)
0-20% 0 100 %
20%+ 60% 40%
SECTION 4. The Subdivision Ordinance, Article 5 (Grading Standards), Subsection
5.04.B (Exemption; Calculations), is hereby amended by adding a new Subsection, 504.B.1.c, to
read as follows:
c. All lots and uses deemed exempt under Subsection 5.02.0 of this Article.
SECTION 5. The Subdivision Ordinance, Article 5 (Grading Standards), Section 5.04
(Hillside Disturbance), is hereby amended by deleting the Illustration of Preservation
Requirement, in its entirety.
SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason to be 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 7. 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.
[SIGNATURES ON FOLLOWING PAGE]
2220339.1
7
DRAFT
Caw PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona,October 16, 2014.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney
I L
2220339.1
8
DRAFT
to
of theT f F -taro H lls"SECTION 1. The '
G6 • •
: .t nt the Subdivision Ordinance, Article 575 (Grading Standards),Sec-fief}
5.02.B, be amendedSubsection 5.02.B (Grading Standards),is hereby deleted in its entirety and
replaced with the following:
c t 5n2c
B. Grading Standards. Unless exempt pursuant to Subsection 5.02.0 of this Article,
the following grading standards shall apply to all property within the corporate
limits of the Town.
1. Residential Property: The area permitted to be disturbed on any platted
residential land is unlimited on terrain sloping less than 20%. Terrain
containing slopes equal to or exceeding 20%is limited to 40%disturbance}
as set forth in Subsection 5.04.A of this Article.
a. In all areas which have a slope of 20% or greater that does not exceed
primary zoning district.
h—a. When the subdivider has granted a Hillside Protection Easement(s)
and/or has donated undisturbed hillside land to the Town or to a
Town-approved land preservation organization in an amount
necessary to satisfy the hillside protection requirements of this
Ordinance, all areas outside of the Hillside Protection Easement(s)
and/or preservation lands may be disturbed.
e:--b. When no preservation measures have taken place in the platting
process, the disturbance allowance shall be in accordance with the
grading limitations of Subsection 5.04.A of this Article.
d�--c. If a residual area remains after computing the allowed area of
disturbance of a lot or parcel, and any of the following conditions
apply, the Community Development Director orTown Manger or
authorized designee,may allow the property owner to disturb all or
a portion of residual area under any of the following circumstances:
1. The residual area of the lot or parcel was previously
disturbed during subdivision construction.
2. There are no significant areas of native vegetation to be
preser-vved.3. There are no rock outcrops, significant
2220110.12220110.2
1
c,,,, topographic features or significant native vegetation to be
preserved.
4:3. All adjacent property owners were permitted to disturb
property adjacent to the residual area.
ed. There shall be no waiver by the Community Development Director
erTown Manager or authorized designee,for disturbance of residual
area that:
1. Contains rock outcrops, significant topographical features,
significant native vegetationzi or;
2. Abuts land dedicated in any form as non-disturbance or open
space, such as wash parcels, native open space tracts,
Hillside Protection Easement(s), or other non-disturbance
areas on privately owned land, etc.
2. Grading of All Un-platted Land, Regardless of the Base Zoning
District: The area permitted to be disturbed for all un-platted land is
unlimited on terrain sloping less than 20%. The area permitted to be
disturbed on slopes equal to or exceeding 20% is set forth in Subsection
• 5.04.A of this Article.
3. Grading for Non-Residential Structures in Residential Zoning
Districts: The limitations on grading area for non-residential structures in
residential zoning districts as specified in Subsections 5.02.B.1 through
5.02.B.2 of this Article,may be waived by the Town Council.
4. Exemptions:
T t c sed for govern r +corm--purpos d owned bry c ditty
companies that arc regulated by the Arizona Corporation
Commission and owned by other political subdivisions of the State
or Federal government are exempt from the lot disturbance
limitations of this subsection.
b. A twenty (20') foot wide band of primary driveway access
(Measured from the back of curb to the Garage door) is excluded
from the land disturbance area limitations.
c. A ten (10') foot wide utility trench exemption may he allowed
subject to written confirmation of the requirement from the utility
access exemption. Such exempted area must be revegetated upon
IDcompletion.
2220a 10.12220 r 10.2
- 2
d. Single Family Residential lots zoned RI 6, Rl 6A, RI 8, RI 8A,
RI 10 and R1 I OA shall be 100% disturbable and exempt from the
Hillside Disturbance limitations.
c. Non residential property in Commercial or Industrial zoning
districts shall be 100% disturbable and exempt from the Hillside
Disturbance limitations.5. Grading for Parks and Golf
Courses: The limitations on disturbance as specified in this Article
(including area of disturbance as well as height and retention of cut and
fill)may be waived by the Town Council for the development of a park,
a golf course, trails or other recreational development that does not
entail a building or buildings as the primary purpose of the
development.
6.5. Grading for Utility Lines: With the exception of power lines capable of
carrying 69kv or more of voltage,utility lines shall be located underground.
Utilities must be located within allowed disturbance areas as outlined in
Subsection 5.04.B.1.b of this Article. ' ed by utili y
companies which are regulated by the Arizona Corporation Commission
Ordinance if the developmc
Uses.
7-.6. Road Grading: Grading for roads is subject to the cut and fill limitations
of this Article. These limitations may be waived by the Town Council.
:7. Total Disturbance: All grading, including subdivision improvement
grading,and/or disturbance performed subsequent to September 20, 1991 is
considered to be cumulative under this Article.
9�8. Disturbance Limit Fencing: Prior to the issuance of a building or grading
permit, and prior to any disturbance activities, a six foot high imbedded
chain-link fence shall be installed on the disturbance limit line as identified
on the approved site plan for the site. The disturbance limit boundary shall
be established and staked by an Arizona-registered land surveyor. No
disturbance limit fencing shall be located outside of the surveyor's staked
area. Appropriate warning signs in English and Spanish shall also be posted
at least every 100 linear feet on the required fencing. The Chief Building
Official, or his/herTown Manager or authorized designee(s), shall inspect
the fence, signage, and surveyor's staking to insure its proper location and
construction prior to the issuance of the building/grading permit for the site.
Such fencing and signage shall be maintained in place throughout the
grading/construction process and shall only be removed after a final
inspection or Certificate of Occupancy has been issued by the Town. These
regulations may be waived by the Community Development Director
orTown Manager or authorized designee if 100% of the lot, on which the
2220110.12220110.2
3
construction activity is permitted has been graded or disturbed as part of an
approved subdivision grading permit.
14 9. Disturbance Buffers:
a. It is recommended that all proposed non-disturbance areas or
Hillside Protection Easements be located not closer than:
1. Eight feet from any building.
2. Five feet from the outside face of any retaining wall where
the retaining wall is supporting a fill slope.
3. One foot from the "day lighted" top of a maximum one to
one cut slope,the toe of such slope beginning at the bottom
of the outside edge of the footing for any retaining wall
where the retaining wall is supporting a cut slope.
4. Three feet from the outside face of any other wall or fence or
the edge of any fill grading.
5. One foot from the edge of any cut grading.
b. Ten feet from any sewer lateral, or five feet from the edge of
any utility line trench,whichever is greater.
b. If disturbance does take place within a non-disturbance area or
within a Hillside Protection Easement, all construction and grading
activity on the site shall stop, pursuant to a Town-issued stop work
order. The stop work order shall remain effective until the property
owner and the property owner's authorized representatives, either
jointly or severally-does,do all of the following:
1. Provides the Town with a revised site plan prepared by an
Arizona-registered land surveyor that accurately depicts the
area and size, in square feet, of the disturbance into the
non-disturbance area(s) or Hillside Protection Easement
area(s).
2. Provides the Town with re-vegetation and irrigation plans
prepared by an Arizona-registered landscape architect for
the non-disturbance or Hillside Protection Easement area(s)
disturbed.
3. Causes the non-disturbance area(s) or Hillside Protection
Easement Area(s)to be re-vegetated and irrigated according
2 1-0.'222201.1Q.2
4
, to the submitted and approved re-vegetation and irrigation
plans.
4. Pays to the Town a fee, in an amount determined by the
Town Manager or designee, per square foot of disturbance
that occurred within the non-disturbance areas or Hillside
Protection Easements on the property.
4-2,10. Columbaria Disturbance Exemptions by Special Use Permit: The
development of columbaria, including any accompanying features such as
walkways,may be exempted from the regulations of this Subsection 5.02.B
by Special Use Permit pursuant to Section 2.02 of the Town Zoning
Ordinance,if all of the following conditions exist:
a. The columbaria is an accessory use to a church.
b. The columbaria and any accompanying features shall be designed to
minimally alter the existing topography and vegetation.
c. The columbaria and any accompanying features shall be designed
so that any Natural Features are not disturbed.
d. The building area of the columbaria shall not exceed 10% of the
total building area of the church buildings.
e. A landscape plan prepared and stamped by an Arizona-registered
landscaping architect, which plan meets the applicable landscaping
regulations of Article VI, Section 6.05 of this Ordinance, is
submitted and approved by the Community Development
Di-r-ecterTown Manager or authorized designee.
13. 11. Pad Elevation and Building Location Certifications: Prior to the
approval of any building stem wall inspection or a pre-slab inspection,
whichever occurs first,the property owner or his/her designee shall provide
the Town with a certification statement that is prepared,stamped and signed
by an Arizona-registered land surveyor, that certifies the finished floor
elevation(s) and the horizontal location of the building. Pad elevations and
building locations must be accurate to 1/10th of a foot as compared to the
approved site plan or an amended site plan. The requirements in this
subsection may be waived at the discretion of the Town Engineer.
4-4,12. Stabilization of Slopes: Slope stabilization is required as set forth in the
currentTown's most recently adopted version of the International Building
Code,Chapter 18 and Appendix Jas amended.
413. Pre-Grading: A grading or building permit shall not be conditioned on
altering, modifying or not utilizing existing grading, if the existing grading
2220110.12220110.2
work was completed in conformance with valid permits, and does not
present a threat or danger to the proposed development or neighboring
properties. This provision does not prevent the Town Engineer from
requiring necessary documentation of site suitability to assure soil stability,
compaction, and other geotechnical purposes.
r14. Restoration of Graded Surfaces:
a. Vegetation shall be reestablished on all exposed fill slopes, cut
slopes, utility lines, driveway(s), and graded surfaces, except for
cosmetic landscaping abutting buildings in accordance with the
standards established in Article VI of this Ordinance. Newly
exposed rock faces shall be stained to match adjacent areas of the
lot.
b. This re-vegetation process shall be completed prior to the final
approval by the Community Development DirectorTown Manager
or authorized designee,unless a specific exemption is granted by the
Town Manager or authorized
designee. Grading and other improvements for drainage and
erosion control purposes shall also be completed and
re-vegetated/landscaped prior to final inspection.
® -1-7,15. Dust Control: During all grading,and until re-vegetation or site restoration
is completed, dust should be minimized by application of approved dust
control methods.
C. Exemptions:
1. Lots used for governmental purposes and owned by utility corn I anies that
are regu ated b the Arizona Corporation Commission and lots owned b
other political subdivisions of the State or Federal Government, are exem tit
from the hillside disturbance limitations of Sections 5.02 and 5.04.
2. A 20' wide band of primary driveway access (measured from the back of
curb to the nearest garage door or carport) is excluded from the hillside
disturbance limitations.
3. A 10' wide utility trench exemption may_be allowed, subject to written
confirmation of the requirement from the utility company statin that the
trench must be outside the driveway access exemption. Such exempted
area must be re-vegetated upon completion.
4. __ __Single-Family Residential lots z___oned, R1-6. RI_6A. R118,_R1-8A, R1-10
and Rl-1OA shall be 100% disturbable and exempt from the hillside
disturbance limitations.
2220410.12220110.2
6
(iva, „„_ Non-residential property in Commercial or Industrial zoning districts shall
be]0Q°A° di sturbable and exempt from the hillside disturbance limitations.
AmendmentSECTION 2. The Subdivision Ordinance, Article 55 (Grading Standards),
Sec4i-eftSubsection 5.04.A_(P urpose: Methodology), is hereby amended and replaced with the
fellewingas follows:
Section c 04 Hil is , Disturbance
4-A. Purpose; Methodology. The purpose of these hillside regulations is to limit the
amount of hillside disturbance within each subdivision. The amount of hillside
area that may be disturbed shall be based on the severity of the slope. Hillside areas
shall mean any area having slopes equal to or greater than 40 20%, as measured
from a topographical contour map prepared and stamped by an Arizona-registered
land surveyor. The Town requires the submission of topographic contour maps
having contour intervals not greater than two feet and at a scale not smaller than 1"
=20' for sites less than 10 acres. Sites 10 to 100 acres may utilize contour intervals
not greater than five feet at a scale not smaller than 1"= 50'. Sites over 100 acres
may utilize contour intervals not greater than five feet at a scale not smaller than 1"
= 100'. Individual non-contiguous areas of hillside or non-hillside that are less than
500 square feet that are located within larger areas non-hillside or hillside,
respectively, may be included with the larger area of non-hillside or hillside that
surrounds it. Whether a subdivider chooses the Lot-by-Lot Hillside Protection
Option or the Hillside Transfer and Protection Option as set forth in
SubsectionsSubSections 5.04.G.1 and 5.0'1.G.2, respectively, the actual square
footage of disturbance permitted within one slope interval may be transferred into
areas having lesser degree of slope. The percent of slope shall be determined by the
spacing between the contours lines as shown on the preliminary plat. Following are
the land disturbance allowance of slope interval areas of 500 square feet or more:
Percent of Slope Preservation Requirement (%) Disturbance Allowance (%)
0 20% 0 100 °A°
20% + 60% 10°4
Pereent-44-S-lope Disturbance
Requirement(%) Allewanee-(%I
<10 0 490
10 <20 .0
20 <30 88
d- e 90 40
PERCENT OF SLOPE PRESERVATION DISTURBANCE ALLOWANCE
REOUIREMENT(°lol
0—20% 4 100%
20%+ 60% 4Q
2220110.122 0110.2
tor
ArnieftdinentSECTION 3. The Subdivision Ordinance, Article -5 (Grading Standards),
SectionSubsection 5.04.B (Exemption; Calculations), is hereby amended and replaced with the
fellowi-ngby adding a new Subsection, 504.B.1.c. to read as follows:
Section5.04 c>Iin ide Dist,.„b.,nce
B. Exemptions; Calculations. Except as otherwise specifically provided for in this
Ordinance, there are no exempted disturbance activities. When permitted,
exempted disturbance activities shall be subtracted from the gross area of the
subdivision, and the required "Preservation Requirement" and "Disturbance
Allowance" areas, as noted above in Subsection 5.04.A. shall be calculated from
the net area of the subdivision (that ____- _-___ __ _ fte.. th .,,s) of t,d
�� 'x�z��I�-Q
1. Exemptions: The following disturbance activities are exempted only from
horizontal Hillside Disturbance Regulationst. i ' •n this Section ` 0
a. Disturbance within street rights of way, tracts of land for private
roads meeting public road standards, and any roadway grading
. .
Cb. Utility lines,or any other public improvement activities needed for
SC.TIi ll Cl lJ LLL
of any disturbance caused th de el, t „tiies, e i Ilia.xitl er
,it
z�
pre existing or current, may be exempted from the requirements of
is urbance Permit" by he z-vl1`n Count 1 T ltility Dist ,,-bance
o t i t only_be--issued-ln-confermaneevt-the f' t
conditions:
1. The Community Development Director or designee shall
lincl that the proposed disturbance is necessary.
• 3. The Community Development Director or designee shall
approve a re vegetation and landscaping plan which shall be
completed within a specified—time—frame—and—made---a
condition of the Utility Disturbance Permit.
3. The Community Development Director or designee shall
determine the method, if any, u-f covering open trenches
during non working hours.
1. The Community Development Director or designee shall
specify the expiration date of the Utility Disturbance Permit.
2220114422201102
8
5. Utility Disturbance Permits are project specific and
property specific and are non transferable.
6. The Community Development Director or designee may, at
his sole discretion, include any other reasonable condition
he feels is necessary to ensure public safety and
7. Any violations of the conditions of a Utility Disturbance
permit shall render the r ,it. oid
c. Lots used for governmental purposes and owned by utility
companies that are regulated by the Arizona Corporation
Commission and owned by other political subdivisions of the State
or Federal government are exempt from the lot disturbance
limitations of this subsection.
d. A twenty (20') foot wide band of primary driveway access
(Measured from the back of curb to the Garage door) is excluded
from the land disturbance area limitations.
e. A ten (10') foot videt l't t ,nch , xemption be allow
-subject to written confirmation of the requirement from the utility
company stating that the trench must be outside the driveway
access exemption. Such exempted area must be revegetated upon
completion.
f. Single Family Residential lots zoned RI 6, RI 6A, RI 8, Ri 8A.
R1 10 and Rl 10A shall be 100% disturbable and exempt from the
Hillside Disturbance limitations.
g----- Non residential property in Commercial or Industrial zoning
districts shall be 100% disturbable and exempt from the hillside
Disturbance limitations.
2. Specified Non exempt Activities: The following disturbance activities
contained in this Section 5.01:
a. Disturbance activities for the development of any effluent watering
field or any lake or pond intended for the storage of treated
effluent, or any service and/or access road or any above or
below ground pipeline or utility lines, whether or not the
development of s„ch f olds, ponds, lakes, service/access roads,
- g4
another governmental agency
2220114 42220110.2
b. Any "utility" disturbance, other than for a utility line and
3. In addition to the detailed information that is required to be provided to the
Town to ensure compliance with this Article, as noted in Subsection
2.03.D.9 of this Ordinance, the property owner may submit to the Town an
alternative method of calculating the "Preservation R-equirement" and the
"Disturbance Allowance" as set forth in Subsection 5.01.A. The Town
Council may approve this alternative method of calculating the
"Preservation Requirement" and the "Disturbance Allowance" at the time
of preliminary plat consideration.
c. All lots and uses deemed exempt under Subsection 5.02.0 of this Article.
AmentintaitSECTION 4. The Subdivision Ordinance, Article 5 (Grading Standards),
Section 5.04-.5.04 ((Hillside Disturbance;, is hereby amended by deletingthe Illustration of
Preservation Requirement, is hereby deletedin its entirety.
222011-042220110.2
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Document comparison by Workshare Compare on Monday, August 18, 2014
10:43:28 AM
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Document 1 ID interwovenSite://GRPHX_SQL/Phoenix/2220110/1
Description #2220110v1<Phoenix> - CODE - 2014 Chapter 5
Amendments (Draft) (B. Rodgers)
Document 2 ID interwovenSite://GRPHX_SQL/Phoenix/2220110/2
Description #2220110v2<Phoenix> - CODE - Chapter 5 Amendments
Subdivision Ordinance v2 (AJM 8.15.14)
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I/ SECTION 1. The Subdivision Ordinance, Article 5 (Grading Standards), Subsection
5.02.B (Grading Standards),is hereby deleted in its entirety and replaced with the following:
B. Grading Standards. Unless exempt pursuant to Subsection 5.02.0 of this
Article, the following grading standards shall apply to all property within the
corporate limits of the Town.
1. Residential Property: The area permitted to be disturbed on any platted
residential land is unlimited on terrain sloping less than 20%. Terrain
containing slopes equal to or exceeding 20% is limited to 40%
disturbance, as set forth in Subsection 5.04.A of this Article.
a. When the subdivider has granted a Hillside Protection Easement(s)
oand/or has donated undisturbed hillside land to the Town or to a i)
,,Apown-approved land preservation organization in an amount
ecessary to satisfy the hillside protection requirements of this
Ordinance, all areas outside of the Hillside Protection Easement(s)
and/or preservation lands may be disturbed.
b. When no preservation measures have taken place in the platting
I process, the disturbance allowance shall be in accordance with the
grading limitations of Subsection 5.04.A of this Article.
110 c. If a residual area remains after computing the allowed area of
disturbance of a lot or parcel, and any of the following conditions
apply, the Town Manger or authorized designee may allow the
property owner to disturb all or a portion of residual area under any
of the following circumstances:
1. The residual area of the lot or parcel was previously
disturbed during subdivision construction.
2. There are no rock outcrops, significant topographic features
()PI A F r or significant native vegetation to be preserved.
adjacent roe owners were permitted to disturb
3. All property rty
property adjacent to the residual area.
d. There shall be no waiver by the Town Manager or authorized
designee,for disturbance of residual area that:
1. Contains rock outcrops, significant topographical features,
significant native vegetation; or
2. Abuts land dedicated in any form as non-disturbance or
• open space, such as wash parcels, native open space tracts,
2220110.2
1
Hillside Protection Easement(s), or other non-disturbance
areas on privately owned land.
2. Grading of All Un-platted Land, Regardless of the Base Zoning
District: The area permitted to be disturbed for all un-platted land is
unlimited on terrain sloping less than 20%. The area permitted to be
disturbed on slopes equal to or exceeding 20% is set forth in Subsection
5.04.A of this Article.
�. Grading for Non-Residential Structures in Residential Zoning
Districts: The limitations on grading area for non-residential structures in
residential zoning districts as specified in Subsections 5.02.B.1 through
5.02.B.2 of this Article,may be waived by the Town Council.
< ` rading for Parks and Golf Courses: The limitations on disturbance as
47 specified in this Article (including area of disturbance as well as height
and retention of cut and fill) may be waived by the Town Council for the
development of a park, a golf course, trails or other recreational
development that does not entail a building or buildings as the primary
purpose of the development.
5. Grading for Utility Lines: With the exception of power lines capable of
® carrying 69kv or more of voltage, utility lines shall be located
underground. Utilities must be located within allowed disturbance areas as
outlined in Subsection 5.04.B.1.b of this Article.
6. Road Grading: Grading for roads is subject to the cut and fill limitations
of this Article. These limitations may be waived by the Town Council.
1,:';'4F7"Total Disturbance: All grading, including subdivision improvement
grading, and/or disturbance performed subsequent to September 20, 1991
is considered to be cumulative under this Article.
8. Disturbance Limit Fencing: Prior to the issuance of a building or
grading permit, and prior to any disturbance activities, a six foot high
imbedded chain-link fence shall be installed on the disturbance limit line
as identified on the approved site plan for the site. The disturbance limit
boundary shall be established and staked by an Arizona-registered land
surveyor. No disturbance limit fencing shall be located outside of the
surveyor's staked area. Appropriate warning signs in English and Spanish
shall also be posted at least every 100 linear feet on the required fencing.
The Town Manager or authorized designee shall inspect the fence,
signage, and surveyor's staking to insure its proper location and
construction prior to the issuance of the building/grading permit for the
site. Such fencing and signage shall be maintained in place throughout the
egrading/construction process and shall only be removed after a final
inspection or Certificate of Occupancy has been issued by the Town.
2220110.2
2
41, These regulations may be waived by the Town Manager or authorized
designee if 100% of the lot on which the construction activity is permitted
has been graded or disturbed as part of an approved subdivision grading •
permit.
9. Disturbance Buffers:
a. It is recommended that all proposed non-disturbance areas or
Hillside Protection Easements be located not closer than:
1. Eight feet from any building.
2. Five feet from the outside face of any retaining wall where
the retaining wall is supporting a fill slope.
n'r- N.i�.
13. One foot from the "day lighted" top of a maximum one to
one cut slope, the toe of such slope beginning at the bottom
of the outside edge of the footing for any retaining wall
where the retaining wall is supporting a cut slope.
• 4. Three feet from the outside face of any other wall or fence
or the edge of any fill grading.
• 5. One foot from the edge of any cut grading.
b. Ten feet from any sewer lateral, or five feet from the edge
of any utility line trench,whichever is greater.
b. If disturbance does take place within a non-disturbance area or
within a Hillside Protection Easement, all construction and grading
ctivity on the site shall stop, pursuant to a Town-issued stop work
: ,0: .' The stop work order shall remain effective until the
pidpeidyy owner and the property owner's authorized
representatives, either jointly or severally, do all of the following:
1. Provides the Town with a revised site plan prepared by an
Arizona-registered land surveyor that accurately depicts the
area and size, in square feet, of the disturbance into the
non-disturbance area(s) or Hillside Protection Easement
area(s).
2. Provides the Town with re-vegetation and irrigation plans
prepared by an Arizona-registered landscape architect for
• the non-disturbance or Hillside Protection Easement area(s)
disturbed.
•
2220110.2
3
3. Causes the non-disturbance area(s) or Hillside Protection
Easement Area(s) to be re-vegetated and irrigated
according to the submitted and approved re-vegetation and
irrigation plans.
4. Pays to the Town a fee, in an amount determined by the
•
Town Manager or designee, per square foot of disturbance
that occurred within the non-disturbance areas or Hillside
Protection Easements on the property.
10. Columbaria Disturbance Exemptions by Special Use Permit: The
development of columbaria, including any accompanying features such as
walkways, may be exempted from the regulations of this Subsection
5.02.B by Special Use Permit pursuant to Section 2.02 of the Town
Zoning Ordinance,if all of the following conditions exist:
viivr The columbaria is an accessory use to a church.
b. The columbaria and any accompanying features shall be designed
to minimally alter the existing topography and vegetation.
c. The columbaria and any accompanying features shall be designed
so that any Natural Features are not disturbed.
d. The building area of the columbaria shall not exceed 10% of the
total building area of the church buildings.
e. A landscape plan prepared and stamped by an Arizona-registered
landscaping architect, which plan meets the applicable landscaping
regulations of Article VI, Section 6.05 of this Ordinance, is
submitted and approved by the Town Manager or authorized
designee.
141.1:701 X3 ation and Building Location Certifications: Prior to the
apPigvag of any building stem wall inspection or a pre-slab inspection,
whichever occurs first, the property owner or his/her designee shall
provide the Town with a certification statement that is prepared, stamped
and signed by an Arizona-registered land surveyor, that certifies the
finished floor elevation(s) and the horizontal location of the building. Pad
elevations and building locations must be accurate to 1/10th of a foot as
compared to the approved site plan or an amended site plan. The
requirements in this subsection may be waived at the discretion of the
Town Engineer.
12. Stabilization of Slopes: Slope stabilization is required as set forth in the
Town's most recently adopted version of the International Building Code,
as amended.
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ID
13. Pre-Grading: A grading or building permit shall not be conditioned on
altering, modifying or not utilizing existing grading, if the existing grading
work was completed in conformance with valid permits, and does not
present a threat or danger to the proposed development or neighboring
properties. This provision does not prevent the Town Engineer from
requiring necessary documentation of site suitability to assure soil
stability, compaction, and other geotechnical purposes.
14. Restoration of Graded Surfaces:
a. Vegetation shall be reestablished on all exposed fill slopes, cut
slopes, utility lines, driveway(s), and graded surfaces, except for
cosmetic landscaping abutting buildings in accordance with the
standards established in Article VI of this Ordinance. Newly
,11, c( exposed rock faces shall be stained to match adjacent areas of the
p .
lot.
b. This re-vegetation process shall be completed prior to the final
approval by the Town Manager or authorized designee, unless a
specific exemption is granted by the Town Manager or authorized
designee. Grading and other improvements for drainage and
0 erosion control purposes shall also be completed and re-
vegetated/landscaped prior to final inspection.
15. Dust Control: During all grading, and until re-vegetation or site
restoration is completed, dust should be minimized by application of
approved dust control methods.
C. Exemptions:
1. used for governmental purposes and owned by utility companies that
ecl >t, gulated by the Arizona Corporation Commission, and lots owned by
er political subdivisions of the State or Federal government, are exempt
y, from the hillside disturbance limitations of Sections 5.02 and 5.04.
2. A 20' wide band of primary driveway access (measured from the back of
curb to the nearest garage door or carport) is excluded from the hillside
disturbance limitations.
3. A 10' wide utility trench exemption may be allowed, subject to written
confirmation of the requirement from the utility company stating that the
trench must be outside the driveway access exemption. Such exempted
area must be re-vegetated upon completion.
0 .
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111) 4. Single-Family Residential lots zoned Rl-6, R1-6A, Rl-8, R1-8A, R1-10
and Rl-10A shall be 100% disturbable and exempt from the hillside
disturbance limitations.
5. Non-residential property in Commercial or Industrial zoning districts shall
be 100%disturbable and exempt from the hillside disturbance limitations.
SECTION 2. The Subdivision Ordinance, Article 5 (Grading Standards), Subsection
5.04.A(Purpose; Methodology), is hereby amended as follows:
A. Purpose; Methodology. The purpose of these hillside regulations is to limit the
amount of hillside disturbance within each subdivision. The amount of hillside
area that may be disturbed shall be based on the severity of the slope. Hillside
areas shall mean any area having slopes equal to or greater than 40 20%, as
measured from a topographical contour map prepared and stamped by an
Arizona-registered land surveyor. The Town requires the submission of
topographic contour maps having contour intervals not greater than two feet and
at a scale not smaller than 1" = 20' for sites less than 10 acres. Sites 10 to 100
acres may utilize contour intervals not greater than five feet at a scale not smaller
than l" = 50'. Sites over 100 acres may utilize contour intervals not greater than
' ueeet at a scale not smaller than 1"= 100'. Individual non-contiguous areas of r ta,'4
llside or non-hillside that are less than 500 square feet that are located within
larger areas non-hillside or hillside, respectively, may be included with the larger
area of non-hillside or hillside that surrounds it. Whether a subdivider chooses
the Lot-by-Lot Hillside Protection Option or the Hillside Transfer and Protection
Option as set forth in Sections 5.04.G.1 and 5.04.G.2, respectively, the actual
square footage of disturbance permitted within one slope interval may be
transferred into areas having lesser degree of slope. The percent of slope shall be
determined by the spacing between the contours lines as shown on the preliminary
plat. Following are the land disturbance allowance of slope interval areas of 500
square feet or more:
Preservation Disturbance
'` t p e Requirement(%) Allowance(%)
<40 0 4-00
10 <20 70 30
20 <30 0 20
90 10
PERCENT OF SLOPE PRESERVATION DISTURBANCE ALLOWANCE
REQUIREMENT(%) CA)
0—20% 0 100 %
20%+ 60% 40%
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® SECTION 3. The Subdivision Ordinance, Article 5 (Grading Standards), Subsection
5.04.B (Exemption; Calculations), is hereby amended by adding a new Subsection, 504.B.1.c,to
read as follows:
c. All lots and uses deemed exempt under Subsection 5.02.0 of this Article.
SECTION 4. The Subdivision Ordinance, Article 5 (Grading Standards), Section 5.04
(Hillside Disturbance), is hereby amended by deleting the Illustration of Preservation
Requirement, in its entirety.
ONIC
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