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HomeMy WebLinkAboutPZ.2014.0925.Minutes TOWN OF FOUNTAIN HILLS 11) MINUTES OF THE REGULAR SESSION OF THE PLANNING&ZONING COMMISSION September 25,2014 Chairman Lloyd Pew opened the meeting at 6:30 p.m. ROLL CALL: The following Commissioners were present: Chairman Lloyd Pew, Commissioners: Angela Strohan, Stan Connick, Steven Harris, and Howie Jones. Also in attendance were Paul Mood, Director of Development Services and Robert Rodgers, Senior Planner. Vice-Chairman Mike Archambault and Commissioner Gene Slechta were absent. Chairman Lloyd Pew requested participation in the Pledge of Allegiance and a moment of silent reflection. CALL TO THE PUBLIC No one wished to speak. AGENDA ITEM#1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION DATED AUGUST 28, 2014. 411) Commissioner Strohan MOVED to APPROVE the meeting minutes dated Thursday, August 28, 2014, as written. Commissioner Connick SECONDED. Chairman Pew Aye Commissioner Strohan Aye Commissioner Connick Aye Commissioner Harris Aye Commissioner Jones Aye The MOTION CARRIED UNANIMOUSLY by those members present (5-0). Vice-Chairman Archambault and Commissioner Slechta were absent. AGENDA ITEM #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). Chairman Lloyd Pew opened the Public Hearing at 6:35 p.m. Senior Planner Robert Rodgers addressed the Commission and reviewed the information contained in the staff report. The Planning&Zoning Commission formed a subcommittee in February of this year for the purpose of reviewing the hillside disturbance and the way the disturbance and disturbance envelopes are calculated. The subcommittee reported its findings to the Commission on July 2411i and made six recommendations for revising the hillside protection ordinance section standards in order to simplify the calculation Page 1 of 4 • process and to allow for a greater degree of flexibility during hillside lot design and development. The Commission accepted the report and directed staff to initiate the amendment process. He indicated that Ordinance #14-08 was before the Commission tonight, which was drafted to reflect those recommendations and contains the following changes: 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(currently that is 10%). 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. e Mr. Rodgers stated that staff recommends that the Commission forward a recommendation to the Town Council to approve this ordinance amendment as proposed and presented. There being no speakers, Chairman Lloyd Pew closed the public hearing at 6:40 p.m. AGENDA ITEM #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).. Chairman Pew advised that he had a couple of minor technical changes noting that in the exemptions, Section C, #2, the 20' wide exempted band for the driveway doesn't mention measuring to the house if a garage or a carport isn't there; it states to the nearest garage door or carport. The second change was in Section 2, Paragraph A (regarding methodology). He read the last part of that section, "whether a subdivider chooses a lot by lot hillside protection option or a hillside transfer protection option set forth, the actual square footage of disturbance in one slope intervals can be transferred into a lower slope interval". He stated that did not seem applicable to the situation being proposed since we only have two intervals(one at 40%and the other at 100%). Chairman Pew commented that prior to that,there had been four intervals and you could take area in the steeper interval and add it to a lower interval. He asked staff to look at that and determine if it was technically correct. Development Services Director Paul Moon stated staff could look at that. Chairman Pew acknowledged that the ordinance addressed everything that the Commission had set out to accomplish as it addressed all of the issues, made a simpler calculation, and had cut down a lot of verbiage. Page 2 of 4 Chairman Pew MOVED 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 revising the hillside protection standards in order to allow a greater degree of flexibility during hillside lot design and development. Commissioner Jones SECONDED and the MOTION CARRIED UNANIMOUSLY by those members present(5 0). Vice-Chairman Archambault and Commissioner Slechta were absent. Mr.Rodgers asked if those technical questions were intended to be included in the motion;Chairman Pew clarified that yes,they were technical wording issues and meant to be included. AGENDA ITEM#4-COMMISSION DISCUSSION/REQUEST FOR RESEARCH TO STAFF. Items listed below are related only to the propriety of(i)placing items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Commission. None AGENDA ITEM#5- SUMMARY OF COMMISSION REQUESTS FROM SENIOR PLANNER. None Chairman Pew asked for an update on the department's Executive Assistant and the new positions being filled. Mr. Rodgers stated that there were three new commissioners of which two are returning commissioners 11;;;) (Commissioner Jones and Connick). The new commissioner is Jeremy Strohan. He commented on the fact that this was the last meeting for commissioners Slechta and Strohan. Mr.Mood commented that they hoped Janice would be returning in the next two to three weeks. Chairman Pew asked about the joint meeting with the Town Council and Mr. Rodgers confirmed that would be held the third or fourth week of the month in October. Mr. Mood indicated there weren't any agenda items scheduled yet; Mr. Rodgers suggested the Commissioners provide items for the joint meeting agenda to him so that Chairman can work with staff to prepare the agenda. Mr.Mood gave a brief update on the median project at the request of Commissioner Jones noting that the project was ongoing; once the pavers were completed on the east end of the plaza, the fountain subcontractor would start working on the pebbletec and tiling and then the pathways. He noted that then they will move into the underground irrigation and then do the landscaping and the trees/plants. He stated that contractually the construction is to be done by October 20t. He indicated that he was unsure at this time if they would meet that deadline as they have a lot of work that needs to be done. He explained the current delay regarding the turf situation noting that he anticipated an update form the contractor next week. He pointed out that the construction fence was to stay up for an additional month to allow for the establishment of the grass and plants; therefore, even if the construction date were met, the earliest that construction fence would go away would be the first week in December(in time for the Stroll in the Glow event). Page 3 of 4 ® AGENDA ITEM#6-ADJOURNMENT. Commissioner Jones MOVED to adjourn the meeting at 6:45 p.m. and Commissioner Connick SECONDED and the MOTION CARRIED UNANIMOUSLY by those members present 5-0. Vice- Chairman Archambault and Commissioner Slechta were absent. FOUNTAIN HILLS PLANNING&ZONING COMMISSION BY: ZEVZ hai Lloyd Pew ATTEST: '�tt#ar-13tarm�t -if TL'X.. CERTIFICATION IDI hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 25th day of September, 2014, in the Town Council Chambers, 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268. I further certify that the meeting was duly called and that a quorum was present. Dated this_7`h day of October,2014. tumeT Page 4 of 4 ORDINANCE NO. 14-08 -_ f. PAP I 4f. 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. 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, 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 fiilly 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 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 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 ,m., 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 2 :- ;., 4�r it 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 rv: r 4111 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 75' 2 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 exposed rock faces shall be stained to match adjacent areas of the lot. 2220339.1 5 ruvi7 A eri 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 R1-6, R1-6A, R1-8, R1-8A, 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 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 TOTONN mg, 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 SubSections 5.04.G.1 and 5.01.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: e on Disturbance Allowance (%) -�0 g 100 40--420 .70 3-0 20 <30 Sr0 20 90 49 PRESERVATION DISTURBANCE ALLOWANCE PERCENT OF SLOPE 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 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 2220339.1 8 DRAFT to of-tti T f t n u'" "SECTION 1. The - end-ment - th Subdivision Ordinance, Article 5;-5 (Grading Standards),Section 5.02.B, be amendedSubsection 5.02.B (Gradi Standards). i 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 eradin tandards 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. • 0 C ,• . . l -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 organisation 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. (be 2. There are no significant areas of native vegetation to be preserved.3. There are no rock outcrops, significant 2 04;942220t10.2 1 (kw 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 or'fown Manager or authorized designee,for disturbance of residual area that: 1. Contains rock outcrops, significant topographical features, significant native vegetation-,-3 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: €�. Lots used for governmental purposes and owned by utility 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 be allowed subject to written confirmation of the requirement from the utility company stating that the trench must be o completion. 22201-10 12220110.2 2 d. Single Family Residential lots zoned RI 6, Rl 6A, R1 8, RI 8A, RI 10 and RI 10A shall he 100% disturbanle and exempt from the Hillside Disturbance limitations. c. Non re-* districts shall be 1-00% ; i 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. are only exempted from the hi ide distu banc• e regulatio m-i'Tis Ordinance if the level 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. 8,7. 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 fmal inspection or Certificate of Occupancy has been issued by the Town. These regulations may be waived by the Community Development Director erTown Manager or authorized designee if 100% of the lot, on which the 2220110.12220110.2 3 Lor construction activity is permitted:has been graded or disturbed as part of an approved subdivision grading permit. 1-1-;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. r. 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-flees,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 2O4#04222011Q.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. 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 tior 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 ' Development 13irectorTown 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. 1=1:12. 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. 43-- grading :13. Pre-Grading: A or building permit shall not be conditioned on altering, modifying or not utilizing existing grading, if the existing grading 2220110.122201102 5 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. 1-€�l4. 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 1QI• 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 purooses and owned by utility companies that are regulated by the Arizona Co •oration Commission. and lots owned b other political subdivi ions of the State or Federal government, are exem•t 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 c• •ort 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 utili company statin that the trench must be outside the drivewa access exemptio n Su h e m_ •t _d area must be re-vegetated upon completion. 4. _.Sin le-Famil Residential lot zoned R1-6. R1-6A=R1-8. Rl-8A, R1-10 and R1-10A shall be 100% disturbable and exempt from the hillside disturbance limitations. 2220410 I-2.220110.2 6 5. Non-residential property its Commercial or Industrial zoning districts shall be l_0%o disturbabce and exempt from the hillside disturbance limitations. AinendmentSECTION 2. The Subdivision Ordinance, Article 57.5 (Grading Standards), SectionSubsection 5.04.A (Purpo e., Methodology , is hereby amended • €ellawingas follows: A-:-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 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 Snrr3cct'crc�rrJyi SubSections 5.04.G and-5.01 •2, r specti el y, 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: nt /0%l is t A 11 l0/ 1'L)���rit[7[�ilvNv r rn R rt 0 20% 0 1-00%U 20%-t- 60% 4WA Percent f S l ope Preservation Disturbance Anewance-(° .1 <10 0 400 10 <20 70 30 20 <30 g0 30 - e 90 400 PRESERVATION DISTURBANCE ALLOWANCE PERCENT OF SLOPE REQUIREMENT(%) (%) 0-20% 0 100% 20%+ 60% 4-�I% 044f-1222_011i0,2 7 AnientimentSECTION 3. The Subdivision Ordinance, Article 5-5 (Grading Standards), SectionSubsection 5.04.B (Exemption; Calculations), is hereby amended and replaced with the f' by adding a new Subsection, 504.B.1.c, to read as follows: Section C 04 Hill is Di t ban 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 5.0'1.A. shall be calculated from 1. Exemptions: The following disturbance activities are exempted only from o. Disturbance within street rights of way, tracts of land for private roads meeting public road standards, and any roadway grading required by the Town Engineer outside of street rights of way or tracts for late a t „ blic , standards_ li. Utility lines,or any other public improvement activities needed for the development of utility lines and associated equipment, outside er development activities, either pre existing or current, may be exempted from the requirements of this Section upon administrative review by the Community Development Director or designee and approval of a "Utility Disturbance Permit" by the 'Town Council. Utility Disturbance Permits shall ,only be issued in conformance with the fol conditions: 1. The Community Development Director or designee shall find that the proposed disturbance is necessary. • 2. The Community Development Director or designee shall completed within a specified time frame and made a condition of the Utility Disturbance Permit. 3. The Community Development Director or designee shall during non working hours. 9. The Community Development Director or designee shall specify the expiration date of the Utility Disturbance Permit. r2044M222cU 2 8 5. Utility Disturbance Permits are project specific and property specific and are non transferable. 6. The Community Development Director or designee may, at he feels is necessary to ensure public safety and convenience. 7. Any violations of the conditions of a Utility Disturbance R '+ s h"" render the permit void. c. Lots used for governmental purposes and owned by utility 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. I c. A ten (10') foot vide utility 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,----S-ine.le-Family.-Residential lots zoned R1 6, RI 6A, R.l 8, Rl $A. RI 10 and R1 l0A 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 are specifically not exempted from the Hillside Disturbance Regulations a. Disturbance activities for the development of any effluent watering effluent, or any service and/or access road or any above or below ground pipeline or utility lines, whether or not the development of such lief pipelines—or—utility lines have Vvv. -- - - n^t - or - „' ested by 2220110.12220110.2 9 b. Any ``utility" disturbance, other than for a utility line and J described above in S 3. In addition to the detailed information that is required to be provided to the Town to ensure compliance wit s Article,asnote b tion a ``Disturbance Allowance" as set forth in Subsection 5.01.A. The Town "Preservation Requirerr -• d tI Iowan t the time of preliminary plat consideration. c. All lots and uses deemed exempt under Subsection 5.02.0 of this Article. A dmentSECTION 4. The Subdivision Ordinance, Article 5 (Grading Standards), Section 5;O4-.5.04 (Hillside Disturbance), is hereby amended by deleting the Illustration of Preservation Requirement, is hereby deletedin its entirety. I41110, 4 22 2-01-4 0.1222 0110.2 10 Document comparison by Workshare Compare on Monday, August 18, 2014 10:43:28 AM Input Document 1 ID interwovenSite://GRPHX_SQL/Phoenix/2220110/1 #2220110v1<Phoenix> - CODE - 2014 Chapter 5 Description Amendments (Draft) (B. Rodgers) Document 2 ID intenrovenSite://GRPHX_SQL/Phoenix/2220110/2 #2220110v2<Phoenix> - CODE - Chapter 5 Amendments Description Subdivision Ordinance v2 (AJM 8.15.14) Rendering set Standard Legend: Insertion �eIe n i�H�'t"EI-�3eH=r Moved to Style change Format change Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 97 Deletions 97 Moved from 4 Moved to 4 Style change 0 Format changed 0 Total changes 202 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) and/or has donated undisturbed hillside land to the Town or to a own-a roved landpreservation organization in an amount r OP),4 pp g iecessary 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 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 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 ..„„ FT. 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, 2220110.2 1 410 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. tf rading 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. 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. 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. 22201102 2 These regulations may be waived by the Town Manager or authorized 11) 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 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 u '4xp:d .y °The stop work order shall remain effective until the pdpey owner and the property owners 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. • 7J7d110.2 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: The columbaria is an accessory use to a church. 4,1A-AWFA b.o- 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. y}. am; tion and Building Location Certifications: Prior to the app dva�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. 2220110.2 4 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 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 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. ,t.t used for governmental purposes and owned by utility companies that gulated by the Arizona Corporation Commission, and lots owned by er 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. • 2220110.2 5 �y' 4. Single-Family Residential lots zoned Rl-6, Rl-6A, Rl-8, R1-8A, R1-10 C 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 A vi s, veffeet at a scale not smaller than 1"= 100'. Individual non-contiguous areas of g; '': 0:: ,: -hillside or non-hillside that are less than 500 square feet that are located within .;=€" t, larger areas non-hillside or hillside, respectively, may be included with the larger 0 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 SubSections 5.04.G.1 and 5.04.G.2, respectively, the actual 0 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: Disturbance ,;,�,.* Via.._":,- ° Allowance(%) -,..,,; ,, 0 498 <4 0 10 <20 70 30 20 <30 8) ?0 30 and more 90 4-0 PRESERVATION DISTURBANCE ALLOWANCE PERCENT OF SLOPE REQUIREMENT(%) (%) 0-20% 0 100 % 20%+ 60% 40% 2220110.2 6 SECTION 3. The Subdivision Ordinance, Article 5 (Grading Standards), Subsection 411) 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. • • 2220110.2 7