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PZ.2010.0311.Agenda
w0 cn ° REGULAR MEETING NOTICE z n OF THE 9l�that is MVPr PLANNING AND ZONING COMMISSION Commission Members: Chairman Paul McDonald Vice-Chairman Lloyd Pew Commissioners:Jerry Caldwell, Sherry Leckrone Cecil Yates,Jeff Mangels,and Gary Goodell 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 March 11, 2010, at 6:30 p.m. in the Town Hall Council Chambers at 16705 E.Avenue of the Fountains, Fountain Hills,Arizona. TIME: 6:30 P.M. —REGULAR SESSION WHEN: THURSDAY,MARCH 11,2010 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 Secretary prior to Commission discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Secretary's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Secretary 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 REGULAR SESSION * CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Paul McDonald * MOMENT OF REFLECTION—Chairman Paul McDonald * ROLL CALL— Chairman Paul McDonald 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 (1) CONSIDERATION of APPROVING the regular meeting minutes from FEBRUARY 25,2010. OCONSIDERATION of the CONCEPT PLAN for a garage addition for the"Christensen Computer Company" in the C-3 Zoning District located at 12005 N.Panorama Drive. Case Number CP2010-01. (3) PUBLIC HEARING to receive comments on ORDINANCE#10-01, which outlines TEXT AMENDMENTS to contained in the Fountain Hills Zoning CUT & FILL and GR ADING ST ANDARDS and Subdivision Ordinances that would amend Chapters 1, 5 and 16 in the Zoning Ordinance and Articles 1 and 5 in the Subdivision Ordinance. (4) CONSIDERATION of ORDINANCE#10-01,which outlines TEXT AMENDMENTS to the CUT &FILL and GRADING STANDARDS contained in the Fountain Hills Zoning and Subdivision Ordinances that would amend Chapters 1, 5 and 16 in the Zoning Ordinance and Articles 1 and 5 in the Subdivision Ordinance. (5) DISCUSSION and possible DIRECTION to Staff on TCCD Noise Regulation (Zoning Ordinance Section 18.06.B). (6) 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: None I ) SUMMARY OF COMMISSION REQUESTS by Director of Planning and Zoning./r t7 Planning and Zoning Commission Agenda Page 2 of 3 J 8) REPORT from Director of Planning and Zoning. (9) ADJOURNMENT Supporting documentation and staff reports furnished to the Commission with this agenda are available for review in the Planning &Zoning Department. DATED this 4th day of March 2010 By: Richard A.G.Turner,AICP Director of Planning and Zoning 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. ID 0 Planning and Zoning Commission Agenda Page 3 of 3 #1AIN4,eetp TOWN OF FOUNTAIN HILLS Planning and Zoning zciir 4,9 eigi 4% X 9 g r mawvow . Board of Adjustment 9i��b,t�.....r my' AGENDA ACTION FORM Meeting Date: March 11, 2010 Meeting Type: Regular Agenda Type: Regular Submitting Department: Planning &Zoning Staff Contact Information: N/A REQUEST TO COMMISSION: Consideration of approving the Planning and Zoning Commission Regular Commission Meeting minutes from February 25, 2010. Applicant: N/A Applicant Contact Information: N/A Property Location: N/A Illii 4lated Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01 Staff Summary (background): Approval of the Planning and Zoning Commission Regular Meeting minutes from February 25, 2010. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Recommendation(s): Approval Staff Recommendation(s): Approval SUGGESTED MOTION: Move to approve the Planning and Zoning Commission Regular Commission Meeting minutes dated February 25, 2010, as presented. Attachment(s): Submitted by: . 54i1/der aaatfr March 3, 2010 Name/Title Date Appr e y: // y 3/3 % Director Date Page 1 of 1 #1AINIf1 TOWN OF FOUNTAIN HILLS (kw 44° All)11 z PRn X Planning and Zoning y'sj �._s► ooa that is Ail" AGENDA ACTION FORM Meeting Date: March 11,2010 Meeting Type: Regular Agenda Type: Regular Submitting Division: Planning &Zoning Staff Contact Information: Gene Slechta, Planner, (480)816-5141,eslechta@fh.az.gov REQUEST TO PLANNING & ZONING COMMISSION: CONSIDERATION of the CONCEPT PLAN for a garage addition for the "Christensen Computer Company" in the C-3 Zoning District, located at 12005 N. Panorama Drive. Case #CP2010-01. Applicant: Nathan C Rippy Applicant Contact Information: (480) 837-3327 property Location: 12005 N. Panorama Drive, Fountain Hills, AZ 85268 fins, APN #176-08-601 Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance Chapter 2, Section 2.04 Fountain Hills Zoning Ordinance Chapter 12 Fountain Hills Zoning Ordinance Chapter 19 Staff Summary(background): EXISTING ZONING: "C-3" EXISTING CONDITION: Developed LOT SIZE: 24,394 Sq. Ft. (0.56 acres) PROPOSED LOT COVERAGE: 37.39% SURROUNDING LAND USES AND ZONING: WEST: Vacant, zoned C-3 NORTH: Developed, zoned C-3 NORTHEAST: Developed, zoned C-3 SOUTHEAST: Vacant, zoned C-3 SOUTH: Developed, zoned C-3 This request is for approval of a CONCEPT PLAN for a garage addition for an office complex at the property known as "Christensen Computer Company". The garage adds 720 square feet to the lot coverage. The existing coverage is 8400 square feet. The proposed lot coverage is 9,120 square feet. The parcel has a total of 24,394 luare feet and the percentage of lot coverage is 37.39%. Page 1 of 3 The project calls for a garage that will contain parking for 2 vehicles and storage. The location of the garage will be in the Southeast corner of the property and the exterior will match the materials, design and colors of the °sting office complex. Parking spaces required for the complex is 31. There is a total of 7,714 square feet of floor space, 3,490 square feet in Suite "A" and 4,224 square feet in Suite "B". The Zoning Ordinance, Section 7.04.G, defines the requirement of 1 parking space for every 250 square feet of floor space. The site plan shows 31 spaces, 29 outside and 2 inside the garage. EVALUATION: The architectural design of the garage is consistent with the existing office buildings and it is staffs opinion that the structure meets the architectural guidelines in Chapter 19. The materials for the exterior include, block, brick and stucco. The colors are cream and mauve. The garage is located on the rear property line, and six feet from the side property line. Setbacks for rear and side property lines are zero in C-3 zoning. The number of parking spaces meets the Zoning Ordinance requirements. There are some changes planned by the town for the alley behind the building. Today the alley is little utilized and is unpaved. The new plans include lowering the elevation of the alley approximately 2 or 3 feet and paving it. As the rear of the garage is on the rear lot line adjacent to the alley, Town Engineering has included, in their review, stipulations that require that the applicant address the impacts of the alley changes in their building plans. •sk Analysis (options or alternatives with implications): None Fiscal Impact(initial and ongoing costs; budget status): None Staff Recommendation(s): Staff recommends that the Planning and Zoning Commission approve the Concept Site Plan for 12005 N. Panorama Drive, Case#CP2010-01,subject to the following stipulations: 1) Development is in accordance with the Conceptual Site Plan entitled"Christensen Computer Company", dated March 3, 2010. 2) Applicant will fulfill the public art requirement as defined in the Fountain Hills Zoning Ordinance, Chapter 19, Section 19.05. 3) Building plans will address written comments/stipulations provided by the Town Engineer as a condition of building permit approval. SUGGESTED MOTION: Move to approve the Concept Site Plan for 12005 N. Panorama Drive,Case#CP2010-01, Cbject to the stipulations outlined in the staff report. Attachment(s): 1. Application \r. 2. Narrative 3. Color Before/After Rendition 4. Vicinity Aerial 5. Site Aerial 6. Site Plan 7. Elevations 8. Engineering Department Stipulations Submi ed by: � t 3l3(ro Nameffltle Date Appr a y: 3/3/d Director of Planning &Zoning Date MN�rj ‘ ,- DO Not write in th" .pace —official use only 449 ', �<.n Filing Date i 7 -g`v/ £' o i''; Accepted By`' _-k. , e Fee Accepted -* �v . Ci.- S Li d' b Case Manager i */k-L`-/..2 'e_- 9!''hat is Av- The Town of Fountain Hills PLANNING & ZONING DEPARTMENT - APPLICATION Abandonment (Plat or Condominium) / Appeal of Administrator's Interpretation Area Specific Plan &Amendments ✓ Concept Plan Condominium Plat Cut/Fill Waiver Development Agreement HPE Change or Abandonment General Plan Amendment Ordinance (Text Amendment) // 7 Planned Unit Development Preliminary/ Final Plat S Replat (Lot joins, lot splits, lot line adjustments) Rezoning (Map) Special Use Permit &Amendments Site Plan Review (vehicles sales) Temporary Use Permit(Median Fee, if applicable) Variance Other PROJECT NAME / NATURE OF PROJECT: GAL DESCRIPTION: Plat Name _-30 2 74 Block / Lot /3 16, JPERTY ADDRESS: /2c2)c j ��,,,t.vr'fr i'vl,4- PARCEL SIZE (Acres) . 702, .Sf ASSESSOR PARCEL NUMBER NUMBER OF UNITS PROPOSED / TRACTS EXISTING ZONING G.-3 PROPOSED ZONING G 3 Applicant 2/412G / ' " ' GMrs. �py � �� l Day Phone �SI,Y7 3. .2,2 l---- Mr. Ms. Address: g:, ,B - / 09‘ City: r, • I /tate: Zip: i .2.__.<7 Email: (�176'71k//0 ,—/ �C�-0 , iic7 Owner Mrs. 4/Je, r k./s-k- 5e/'7 L1 Day Phone Mr. Ms. Address:/20&'5 ,,,.,G vG q_ City: , /ate: ,/i2__ Zip: .2(5- If application is being submitted by someone other than the owner of the property under consideration,the section below must be completed. SIGNATURE OF OWNER Alk.f., 0-A- ----- DATE 4041/(/ I HEREBY AUTHORIZE TO FILE THIS APPLICATION. Please Print th scribed and sworn before me this day of , 20 . My Commission Expires Notary Public Application -Revised 10-2007 Page 2 of 6 CONSTRUCTION 837.332 Chuck Rlppy PO Box 18026 Fountain Hills,AZ 85269 (DATE) 2-12-2010 (RECIPIENT NAME) Town of F.H. (TITLE) Description (COMPANY) Cristensen Garage (STREET) 12005 Panorama Dr. (CITY. ST, ZIP) F.H.AZ. 85268 Dear (Town of F.H.), Cristensen garage addition is for the pourpus of covered lockable storage. Project narrative A storage garage made of masonry block and wood framed roof. Project area is zoned C-3 heavy industrial and falls in under all town guidelines for said structure. This building will enhance this area due to its design and location will block out the unmaintained alley and trash of property in the rear of building. The construction phase of this project will likely take less time than the permit app. And will not exceed 3 mounts after permit is issued. This has minimal impact because its placement is in a parking lot. Sincerely, Nathan Rlppy President L PO Box 18026,Fountain Hills,AZ 85269,Phone:480.837.3327.Fax:480.837.8365 1 i - '' ; . ',' i'1 ;. ,+= - -& i 4. .a ,' i i ,11___''''' 1\ I . . . - . --kJ; ``\ , F y ` ' ' ! I'' '\Z!1 -7,-.',.,, (CI T \ % / • Alliatic.a.titAftiiiier "----,-,:z-Ait.... 1 'r �k;' -® -; A~ z yX�, t�i` ,ayr Flip . \ . ,,, , '"-, . ... . ...,..,. . ..., . ,..,„.. ,.......,.. LV ..... t- .. lei . j • i - '''; ' iy .� . n _ a ....w..w�Y/a -ii C `i 4- • s _ 7 .. ,3' ' ‘ I '\ ''''. '7 .,, r. • \N4 ''''',, , • / t. �! ".. t ,.. l_ ,f u = 4 r , . . :. • I r ' .: s a. • . -: . - • ! :. ? p • a _ v" .•----. :-.... i e Vicinity Map •. 1 ,,,,,*•1:75•••iilii:14,1!rNi:1::::'•••'„:.,.:::..,-' ;#.'• ,,,illi;,..- !.4,.•‘.,,,, •'. 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Board of Adjustment rbat-..i A tioo AGENDA ACTION FORM Meeting Date: March 11, 2010 Meeting Type: Regular Agenda Type: Regular Submitting Department: Planning &Zoning Staff Contact Information: Bob Rodgers, Senior Planner,480-816-5138, rrodgers@fh.az.gov REQUEST TO PLANNING & ZONING COMMISSION: PUBLIC HEARING to receive comments on ORDINANCE #10-01. which outlines TEXT AMENDMENTS to the CUT & FILL and GRADING STANDARDS contained in the Fountain Hills Zoning and Subdivision Ordinances that would amend Chapters 1, 5 and 16 in the Zoning Ordinance and Articles 1 and 5 in the Subdivision Ordinance. Case#Z2009-01 CONSIDERATION of ORDINANCE #10-01, which outlines TEXT AMENDMENTS to the CUT & FILL and GRADING STANDARDS contained in the Fountain Hills Zoning and Subdivision Ordinances. that would amend Chapters 1, 5 and 16 in the Zoning Ordinance and Articles 1 and 5 in the Subdivision Ordinance. Case #Z2009-01 ,,pplicant: Town of Fountain Hills Applicant Contact Information: Planning &Zoning Department— Robert Rodgers, Senior Planner Property Location: Town-Wide Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance, Chapter 1, Section 1.12 Fountain Hills Zoning Ordinance, Chapter 5, Section 5.09 Fountain Hills Zoning Ordinance, Chapter 5, Section 5.11 Fountain Hills Zoning Ordinance, Chapter 16, Section 16.06 Fountain Hills Subdivision Ordinance, Article 1, Section 1.03 Fountain Hills Subdivision Ordinance, Article 5, Section 5.01 Fountain Hills Subdivision Ordinance, Article 5, Section 5.02 Fountain Hills Subdivision Ordinance, Article 5, Section 5.03 Fountain Hills Subdivision Ordinance, Article 5, Section 5.04 Fountain Hills Subdivision Ordinance, Article 5, Section 5.05 Fountain Hills Subdivision Ordinance, Article 5, Section 5.06 Fountain Hills Subdivision Ordinance, Article 5, Section 5.07 Fountain Hills Subdivision Ordinance, Article 5, Section 5.08 Staff Summary (background): The Planning & Zoning Commission listed reviewing the current grading standards as well as the cut & fill regulations as areas they would like staff to review. The Commission listed these standards as potential areas of the town's ordinances that staff might look into amending in order to alleviate any undue or onerous provisions that may have come to notice. dith the intention of creating more user-friendly and more easily understood ordinances, the following issue was identified by staff in a memo dated May 14, 2009 as an area of potential amendment: Page 1 of 2 There is duplication between the Zoning and Subdivision ordinances regarding grading standards. Staff believes there may be an opportunity to move the grading standards all into the subdivision ordinance and remove them from the zoning ordinance in a manner similar to the landscaping standards. - Sections 5.11.A — 5.11.D of the Zoning Ordinance deals with Land Disturbance Standards including grading, drainage, and cut&fill regulations. - Section 5.03 of the Subdivision Ordinance deals with Cut&Fill Standards. - Section 5.04 of the Subdivision Ordinance deals with Hillside Disturbance and Grading. - Section 5.05 of the Subdivision Ordinance deals with Washes and Drainage. Staff recommends that the Town consider consolidating these sections all into the Subdivision Ordinance and simply referencing the appropriate section(s)of the Subdivision Ordinance Section in the Zoning Ordinance. Both the Planning &Zoning Commission and Town Council agreed during subsequent and separate Work Study sessions that staff should draft ordinance amendments addressing this issue. The Planning & Zoning Commission held a public hearing regarding this proposal on December 10, 2009. At that hearing staff noted that the text amendments were not yet fully complete. Staff then recommended that the public hearing be continued indefinitely so that the amendments could be finalized and put into proper form. Staff has now completed the draft ordinance revisions. The proposed text amendments will combine the Cut/Fill, Hillside, Drainage and Grading standards. The proposed amendments will move all these related standards into the Subdivision Ordinance and place a note in the Zoning Ordinance which advises readers to consult the Subdivision Ordinance for grading requirements. Duplication of sections has been eliminated, minor text adjustments have been made for clarity, and the ordinances have been re-numbered for consistency. The proposed text amendments have been reviewed by the Town Attorney and are now ready for action by the Planning &Zoning Commission. aff Recommendation(s): 'Waif recommends that the Planning & Zoning Commission vote to forward a recommendation to the Town Council to approve the proposed text amendments. SUGGESTED MOTION: Move to forward a recommendation to the Town Council to approve the proposed text amendments to Chapters 1, 5 and 16 of the Zoning Ordinance and to Articles 1 and 5 of the Subdivision Ordinance. Submitted by: `•�' Bob Rodgers, Senior Plan e March 2, 2010 Name/Title Date Appr v by: 3/24 Planning &Zoning Director Date Attachments: 1. Ordinance#10-01 `„ 2. The 2010 Land Disturbance Amendments to the Subdivision Ordinance Page 2 of 2 lek ORDINANCE NO. 10-01 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, RELATING TO THE ZONING AND SUBDIVISION ORDINANCES OF THE TOWN OF FOUNTAIN HILLS, ADOPTING "THE 2010 LAND DISTURBANCE AMENDMENTS TO THE SUBDIVISION ORDINANCE OF THE TOWN OF FOUNTAIN HILLS" BY REFERENCE; ADOPTING AMENDMENTS TO THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS; AND PROVIDING PENALTIES FOR VIOLATIONS. WHEREAS, the currently-existing Town of Fountain Hills Subdivision Ordinance ("the Subdivision Ordinance") and Town of Fountain Hills Zoning Ordinance (the "Zoning Ordinance") contain provisions pertaining to land disturbance; and WHEREAS, the land disturbance provisions in the Zoning Ordinance and the Subdivision Ordinance, while substantially similar, are not identical; and WHEREAS, the lack of complete uniformity between the land disturbance provisions in the Zoning Ordinance and the Subdivision Ordinance sometimes leads to confusion for property owners; and WHEREAS, the Town of Fountain Hills desires to clarify and unify the provisions • relating to land disturbance into a single regulatory document, the Subdivision Ordinance, to eliminate any confusion and to provide citizens with a clear statement of the land disturbance provisions applicable to property in Fountain Hills. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That certain document known as "2010 Land Disturbance Amendments to the Subdivision Ordinance of the Town of Fountain Hills," three copies of which are on file in the office of the Town Clerk of the Town of Fountain Hills, Arizona, which document was made a public record by Resolution No. 2010-06 of the Town of Fountain Hills, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this Ordinance. SECTION 2. The Zoning Ordinance, Chapter 1, Introduction, Subsection 1.12, definition of "Zoning Administrator" is hereby deleted in its entirety and is replaced with the following definition: Zoning Administrator: The person appointed by the Town Manager to be the Zoning Administrator. If there is no such person designated by the Town Manager, the Town Manager is the Zoning Administrator. 1151178.1 SECTION 3. The Zoning Ordinance, Chapter 5, General Provisions, Subsection 5.09(A)(1), is hereby amended to delete the phrase "Section 5.11.E of this Chapter" and replace it with the phrase "Section 5.06 of the Town of Fountain Hills Subdivision Ordinance." SECTION 4. The Zoning Ordinance, Chapter 5, General Provisions, Subsection 5.11, Land Disturbance Standards, is hereby deleted in its entirety and is replaced with the following: Section 5.11 Land Disturbance Standards A. Incorporated by Reference: The grading standards, cut and fill standards, drainage standards, retaining wall standards and height of structures at graded sites standards shall be governed by the provisions set forth in Article V of the Town of Fountain Hills Subdivision Ordinance, which are incorporated as if fully set forth herein, and a violation of which shall also be deemed a violation of this Section 5.11. B. Procedural Regulations: 1. Plan of Development: Prior to the issuance of a zoning clearance, a plan of development or grading plan shall be submitted to and approved by the Town Engineering Department, and the Community Development Department. The approval of the plan of development may include reasonable additional requirements as to grading, cut and fill, slope restoration, signs, vehicular ingress and egress, parking, lighting, setbacks of buildings, etc., to the extent that the noted purpose and objectives of this Chapter are maintained and ensured. 2. Application Requirements: In addition to the otherwise noted procedural and information requirements of this provision, all applications for a zoning clearance, subdivision approval, or grading plan approval shall contain the following materials and information: a. Site plan, prepared by an Arizona Registered Land Surveyor or Arizona Registered Civil Engineer with the following information: (1) A topographic survey at least ten (10) feet beyond the exterior property line of the site. (2) Contour interval not exceeding two (2) feet within twenty (20) feet of any proposed improvement and five (5) foot intervals for the remainder of the lot or parcel. (3) Scale of the site plan shall be not less than One (1) inch equals twenty (20) feet. For large-scale projects, the Community Development Director may allow a different scale. 1151178.1 2 (4) If structures are proposed, show cross-sections through site and building at twenty-five (25) foot intervals perpendicular to slope, giving percentage of slope at each, and showing exact heights of structures at each existing contour. (5) If structures are proposed, each floor level shall be shown with different heading and with a legend giving grade or elevation of each level. (6) If a garage(s) is proposed, give proposed elevation or grade at garage floor and at existing street level at drive entry. Give percentage of total average slope, and percent and length of single steepest portion of driveway. (7) List the individual square footage of buildings, garages, patios, footprint, disturbance area and, if applicable, pool. (8) Shade all disturbed (or graded) areas and show the proposed method of final treatment. Indicate all retaining walls, showing the actual and allowable heights. ® (9) Show how drainage is altered, and if so, how it is redirected to original channel and show that the requirements regarding storm water runoff and drainage have been met. (10) Show location of all proposed utility lines. (11) Give legal description, property dimensions and heading, along with the name, address, and telephone number of applicant. b. Elevations, to be submitted if structures are proposed. (1) Show all exterior building elevations, giving accurate existing and proposed grades lines (Scale 1/4" - 1'0"). (2) Show total height of buildings and give height and square footage of all retaining walls. 3. Special Use Permit: A special use permit shall be required for any person, firm, or corporation to undertake clearing or any work regulated by the International Building Code when not in accordance with a Plan of Development as determined by the Community Development Director. 1151178.1 3 SECTION 5. The Zoning Ordinance, Chapter 16, Lodging Zoning Districts, Subsection 16.06, is hereby amended to correct the cross-reference therein from the incorrect reference to "Section 504" to the proper reference to "Section 5.04," to read as follows: Section 16.06 Hillside Disturbances Any land located within the L-1, L-2 and L-3 Zoning Districts shall be developed according to the Hillside Disturbance regulations in Section 5.04 of The Town of Fountain Hills Subdivision Ordinance. Any regulations contained within Chapter 5 of this Ordinance that conflict with Section 5.04 of The Town of Fountain Hills Subdivision Ordinance shall not apply. SECTION 6. That any person found guilty of violating any provision of the "2010 Land Disturbance Amendments to the Subdivision Ordinance of the Town of Fountain Hills" or the amendments to the Zoning Ordinance of the Town of Fountain Hills as set forth in this Ordinance (collectively, the "Land Disturbance Amendments") shall be guilty of a class one misdemeanor. Each day that a violation continues shall be a separate offense punishable as herein above described. SECTION 7. That, if any section, subsection, sentence, clause, phrase or portion of this Ordinance or the Land Disturbance Amendments is for any reason held to be 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 or the Land Disturbance Amendments. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, , 2010. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Jay T. Schlum, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Richard L. Davis, Town Manager Andrew J. McGuire, Town Attorney • 1151178.1 4 THE 2010 LAND DISTURBANCE AMENDMENTS TO THE SUBDIVISION ORDINANCE OF THE TOWN OF FOUNTAIN HILLS 1125943.4 The following amendments are hereby made to the Subdivision Ordinance of the Town of Fountain Hills (the "Subdivision Ordinance"): Amendment 1. The Subdivision Ordinance, Article 1, Title, Purpose and Definitions, Section 1.03, is hereby amended by adding the following new definitions: Chief Building Official: The person appointed by the Town Manager to be the Chief Building Official. If there is no such person designated by the Town Manager, the Town Manager is the Chief Building Official. Fire Marshall: The person appointed by the Town Manager to be the Fire Marshall. If there is no such person designated by the Town Manager, the Town Manager is the Fire Marshall. Zoning Administrator: The person appointed by the Town Manager to be the Zoning Administrator. If there is no such person designated by the Town Manager, the Town Manager is the Zoning Administrator. Amendment 2. The Subdivision Ordinance, Article 5, Grading Standards, Section 5.01, is hereby deleted in its entirety and replaced with the following: Section 5.01 Land Disturbance Standards Purpose and Intent The principal purpose of these Land Disturbance Standards is to allow the reasonable use (11) and development of land while promoting the public health, safety, convenience and general welfare of the citizens of the Town. These standards are to help maintain the character, identity, and image of the Town. The primary objectives of the Land Disturbance Standards are: to minimize the possible loss of life and property through the careful regulation of development; to protect watershed, natural waterways; to ensure that all new development is free from adverse drainage conditions; to protect against soil erosion; to minimize land disturbance and encourage preservation of the natural character and aesthetic value of the desert within the Town and preserve the general visual character of graded sites by allowing the flexibility necessary to produce unique, environmentally sensitive projects; and to provide for the protection of the existing landscape by encouraging retention of natural topographic features, native vegetation, and wildlife habitat. To meet these objectives, it is necessary during planning and implementation of grading activities to give consideration to the following: conservation of the natural environmental function of the site; compatibility with the surrounding land; stabilization of hillsides, slopes, or other areas subject to erosion or mass movement; and the preservation of the natural capacity of drainage courses and protection of natural drainage ways. It is the intent of these requirements to provide specific land disturbance standards for the development of land within the Town. Standard Town requirements for subdivision 1125943.4 2 design, storm water retention and detention, rights-of-way, pavement widths and street design shall apply, except where alternatives may be permitted to maintain the natural desert character of the area. Amendment 3. That the Subdivision Ordinance, Article 5, Grading Standards, Section 5.02,be deleted in its entirety and replaced with the following: Section 5.02 Subdivision Grading Standards A. Grading Permits. Prior to the issuance of a zoning clearance or a grading permit, no person shall cause or permit any clearing or grading on, or to, any site other than soil tests conducted on a parcel of land 100 square feet maximum in size. Any brushing, clearing, or grading in all zoning districts, on any vacant lots, or on developed lots in non-disturbance areas as set forth in this Article or Hillside Protection Easements, shall require a grading permit and shall be preapproved by the Fire Marshal or authorized representative. In no case shall any brushing, clearing, or grading extend further than a defensible space which shall • be defined as, and shall be limited to, a band of land measured horizontally up to a maximum of 30 feet from any structure. Any cacti, shrub or plant in the defensible space shall not be removed unless identified as dead by the Fire Marshal. Dead trees in the defensible space shall be removed. Live vegetation beneath • trees within the defensible space shall not be removed, but should be maintained at a height that will deter its functioning as a "ladder" for fire to travel from the ground vegetation into the tree crown. Live vegetation within the defensible space shall have all dead material removed and should be thinned and pruned to reduce fire intensity and rate of spread. Owners of vacant lots shall provide a defensible space from an adjoining property owner's structure per written recommendations determined from an on-site inspection from the Fire Marshall or authorized designee. Any clearing for a defensible space that extends into a non-disturbance area or into a Hillside Protection Easement area is prohibited without prior written authorization from the Fire Marshal or authorized designee after an on-site inspection of the area. Any clearing of a vacant lot is prohibited unless the clearing is for a defensible space to an adjoining structure as outlined previously in this subsection. Elimination of wildlife habitat for protected species is prohibited. A person found guilty of violating the provisions of this Subsection 5.02.A shall be subject to the penalties established in Subsection 5.02.B.11.d of this Article. 4 L 1125943.4 3 B. Grading Standards. 1. Grading of Non Single-Family and Non-Duplex Zoned Platted Land that is Located in Plats Where Applications Were Made and Accepted Prior to November 3, 1996: On platted land where the plat application was made and accepted by the Town or Maricopa County before November 3, 1996 the area permitted to be disturbed on any non single- family and non-duplex zoned platted land is unlimited on terrain sloping less than 15%. Disturbance on slopes equal to or exceeding 15% is limited to the percentage equivalent to the "lot coverage percentage" prescribed in the applicable zoning district. 2. Grading of Single-Family Residential and Duplex Zoned Platted Land that is Located in Plats Where Applications Were Made and Accepted Prior to November 3, 1996: In all single-family and duplex Residential Zoning Districts the extent of disturbance on platted land where the plat application was made and accepted by the Town or Maricopa County before November 3, 1996, shall be limited to the following (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 are exempt from the lot disturbance limitations of this subsection): a. Four times the size of the footprint of the house or building, (including the pad for the house or building). "Footprint" means that area of the house or building measured from the outside walls (excluding any overhanging portions) which includes indoor uses such as attached garage, carport, utility room, laundry, etc. (including covered patios and breezeways which are an integral part of the roof structure of the house or building). A 20 foot wide band of primary driveway access is excluded from the land disturbance area limitations. 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 or designee, may allow the property owner to disturb all or a portion of residual area: 1. The residual area of the lot or parcel was previously permitted to be disturbed during subdivision construction. 2. There are no significant areas of native vegetation to be preserved. 3. There are no rock outcrops, significant topographic features or significant native vegetation to be preserved. 1125943.4 4 4. All adjacent property owners were permitted to disturb property adjacent to the residual area. There shall be no waiver by the Community Development Director or 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, etc. b. All of the areas which have a slope of less than 15% and to the percentage of the aggregate area with a slope of 15% or greater that does not exceed the maximum lot coverage allowance as prescribed in the respective primary zoning district. A 20 foot wide band of primary driveway access is excluded from the land disturbance area limitations. All grading and/or disturbance authorized by this subsection are considered to be cumulative as of September 20, 1991. 3. Grading of All Platted Land, Regardless of the Base Zoning District, that is Located in Plats Where Applications Were Made and Accepted by the Town After November 3, 1996: a. The area permitted to be disturbed for a subdivision is unlimited on terrain sloping less than 10%. The area permitted to be disturbed on slopes equal to or exceeding 10% is set forth in Subsection 5.04.A of this Article. b. The extent of disturbance shall be limited to: 1. 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 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; or 2. When no preservation measures have taken place in the platting process, the disturbance allowance shall be in accordance with the grading limitations of Subsection 4 c 5.04.A of this Article. 1125943.4 5 4. 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 10%. The area permitted to be disturbed on slopes equal to or exceeding 10% is set forth in Subsection 5.04.A of this Article. 5. Grading for Non-Residential Structures: The limitations on grading area for non-residential structures in residential zoning districts as specified in Subsections 5.02.B.2 through 5.02.B.4 of this Article, may be waived by the Town Council. 6. 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. 7. Grading for Utility Lines: Utility lines, including water and sewer lines and laterals, must be placed within the allowed disturbance area and all disturbed lands shall be restored to the original grade and re-vegetated with vegetation indigenous to the site. With the exception of power lines capable of carrying 69kv or more of voltage, utility lines shall be located underground. Utilities located in subdivisions platted after November 3, 1996, must be located within allowed disturbance areas as outlined in Subsection 504.B.1.b of this Article. Lots or parcels owned by utility companies which are regulated by the Arizona Corporation Commission are only exempted from the hillside disturbance regulations of this Ordinance if the development of the lot or parcel is solely for utility- related uses. 8. 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. 9. 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. 10. 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 1125943.4 6 • shall also be posted at least every 100 linear feet on the required fencing. The Chief Building Official, or his/her 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 or 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. 11. 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 40 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 order. The stop work order shall remain effective until the property owner and the property owner's authorized representatives, either jointly or severally does 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 1125943.4 7 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. 12. 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 Director or designee. 13. 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 1125943.4 8 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. 14. Stabilization of Slopes: Slope stabilization is required as set forth in the International Building Code, Chapter 18 and Appendix J. 15. 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. 16. 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. b. This re-vegetation process shall be completed prior to the final approval by the Community Development Director or designee, unless a specific exemption is granted by the Community Development Director or designee. Grading and other improvements for drainage and erosion control purposes shall also be completed and re-vegetated/landscaped prior to final inspection. 17. 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. Amendment 4. The Subdivision Ordinance, Article 5, Grading Standards, Section 5.03, is hereby deleted in its entirety and replaced with the following: Section 5.03 Cut and Fill Standards A. Importation of Fill Material. Except as exempted in the adopted International Building Code, the importation of fill material to a subdivision is prohibited unless a grading permit allowing such fill is first secured. 1125943.4 9 B. Exportation of Excavated Material. Prior to the exportation of any material from a site, a proper location for such material must be identified in order to secure a grading permit to remove such material. The material shall only be exported to an approved site, as shown on the approved grading plans. Alternate receiving sites for exported material shall only be utilized if the grading plan is resubmitted to the Town and the amended grading plan is approved. C. Height of Un-retained Cut or Fill. If the natural grade or the subdivision finished grade if the property was subdivided or re-subdivided after September 20, 1991, is less than a 15% gradient, the maximum amount of un-retained fill or cut shall be 4 feet above/below the natural grade, or subdivision grade. Where the natural grade or the subdivision finished grade if the property was subdivided or re-subdivided after September 20, 1991 has a gradient of 15% or more, the maximum amount of un-retained fill or cut shall be 6 feet above/below the natural grade or the subdivision finished grade. Any fill or cut grading in excess of these amounts must be contained by retaining walls. D. Limitations on Cut and Fill. Except as provided in Subsection 5.03.E below, the height of any fill or the depth of any cut area, including grading for the construction of public or private streets, as measured from natural grade, shall not be greater than ten feet regardless of whether the fill or cut is retained, un- retained, or a combination thereof. Except as provided in Subsections 5.03.E and 5.03.F below, the total combined height of any fill or the depth of any cut area as a result of subdivision improvement grading and/or any subsequent grading, including but not limited to grading approved as a part of building permit approval, shall not total more than ten feet, as measured from natural grade, unless otherwise provided in this Article. These limitations on cut and fill apply to all zoning districts. These limitations may be waived by the Town Council and in the case of unexposed basement cuts, may be approved by the Zoning Administrator as provided in Subsection 5.03.F below. E. Additional Limitations on Cut and Fill. In addition to the foregoing, in Single-Family Residential Zoning Districts, an area not to exceed 5% of the footprint of the main structure on the lot will be exempt from cut and fill limitations if the exempted area is completely concealed beneath the footprint of the main structure and as otherwise permitted in this section. The footprint shall be defined as any portion of the main structure under roof. All separate small areas beneath the main structure shall be aggregated into one computation not to exceed the 5% exemption. Any exterior wall or retaining wall adjacent to the exempted cut or fill area shall conform to the height limitation of the zoning district. No exemption from the maximum ten foot limitation will be allowed in any zoning district for cut or fill areas located in any setback, yard or non- disturbance area, and no exemption can be used to obtain greater building or wall height than allowed in the zoning district. No exemptions from the maximum ten foot limitation shall be allowed for accessory structures or guesthouse structures. 1125943.4 10 No grading for cut or fill shall alter the natural drainage pattern and water volume exiting the property as determined and approved by the Town Engineer. F. Unexposed Basement Cuts. The Zoning Administrator may approve unexposed basement cuts exceeding the maximum ten foot depth if all of the following criteria are met: 1. The building site shall not be graded so as to create a flat, visible pad surrounding the main residential structure. 2. All portions of the cut in excess of ten feet shall be completely concealed from view and retained by building walls, or retaining walls in the case of light wells. 3. Natural grade shall be reestablished in accordance with the "Building Height" definition of Section 1.12 of the Town Zoning Ordinance. 4. The total depth of cut shall not exceed 24 feet at any point (refer to detail below). GRAPHIC DETAIL a rax +fit w $"� `...,�, w+.tvnir.. 4Ul QCiAkI rt ih1"%Pt r{ G. Maximum Slope of Fill Grading. Any un-retained fill slope, if allowed, shall have a minimum three feet horizontal to every one foot vertical fill. The maximum slope of fill grading for roadway construction shall be at the discretion of the Town Engineer. H. Maximum Slope of Cut Grading. Maximum steepness of exposed cut slopes is dependent on the stability of the material excavated, and shall be as prescribed by the Town Engineer. However, exposed cut slopes adjacent to side and rear property lines may be no steeper than three feet horizontal for every one foot vertical. I. Blending of Fill Grading. Fill grading shall have an irregular and contoured edge that blends into the natural surrounding terrain. 1125943.4 11 Amendment 5. The Subdivision Ordinance, Article 5, Grading Standards, Section 5.04, .4000 is hereby deleted in its entirety and replaced with the following: Section 5.04 Hillside Disturbance 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 10%, 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 Subsections 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: Percent of Slope Preservation Requirement (%) Disturbance Allowance (%) <10 0 100 10 - <20 70 30 20 - <30 80 20 30 and more 90 10 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 area remaining after the area(s) of exempted disturbance have been subtracted from the gross area of the subdivision). 1. Limited Exemptions: The following disturbance activities are exempted only from horizontal Hillside Disturbance Regulations contained in this Section 5.04. 1125943.4 12 a. 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 private roads meeting public road standards. b. Utility lines, or any other public improvement activities needed for the development of utility lines and associated equipment, outside of any disturbance caused by other 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 following conditions: 1. The Community Development Director or designee shall find that the proposed disturbance is necessary. 2. 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. 41) 3. The Community Development Director or designee shall determine the method, if any, of covering open trenches during non-working hours. 4. The Community Development Director or designee shall specify the expiration date of the Utility Disturbance Permit. 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 convenience. 7. Any violations of the conditions of a Utility Disturbance Permit shall render the permit void. 2. Specified Non-exempt Activities: The following disturbance activities are specifically not exempted from the Hillside Disturbance Regulations contained in this Section 5.04: 1125943.4 13 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 such fields, ponds, lakes, service/access roads, pipelines or utility lines have been mandated or suggested by another governmental agency or Court. b. Any "utility" disturbance, other than for a utility line and associated equipment as described above in Subsection 5.04.B.1.b. 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 Requirement" and the "Disturbance Allowance" as set forth in Subsection 5.04.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. Previously Disturbed Areas. Any previously-disturbed hillside areas within a proposed subdivision, including but not limited to disturbance for purposes as described in Subsection 6.06.0 of this Ordinance, shall be counted toward the total amount of hillside disturbance within the subdivision and shall not be accepted by the Town as undisturbed hillside areas. If an applicant desires to salvage landscape materials for re-vegetation purposes prior to Final Plat approval, the applicant may do so at the risk of non-compliance with this Ordinance and denial of the Final Plat. D. Determination of Natural Grade. The topography of land within the Town as of September 20, 1991 is considered to be natural grade by this Ordinance. Grading and/or other disturbance activities conducted since September 20, 1991 shall not be exempted from the hillside disturbance regulations of this Ordinance and cumulative hillside disturbance shall be offset at the time of subdivision approval pursuant to the regulations of this Section 5.04. E. Disturbance Buffers and Fencing. 1. Fencing: Except as provided in Subsection 5.04.E.2, after a disturbance area is defined, an area at least equal to the hillside protection requirements of the lot, parcel, or tract, shall be protected by a chain-link fence six feet in height and affixed in the ground to assure non-movement. The fenced-in area shall include all previously disturbed areas and all areas intended to be disturbed. There shall be no disturbance outside the • 1125943.4 14 • fenced area. However, the Community Development Director or designee may approve the re-vegetation of nondisturbance areas or hillside protection areas disturbed prior to September 21, 1991 in accordance with a landscape plan approved by the Community Development Director or designee. The fencing may be removed only after the completion of all construction activity on the lot. 2. No-Fencing: Where the Department determines, in its sole discretion, that fencing as required by Subsection 5.04.E.1 would be impracticable, the Department may waive the fencing requirements of Subsection 5.04.E.1, and in such case, the area to be disturbed shall include a perimeter area of not less than 20 feet in width around all buildings in a multi-family development and 10 feet in width around all other construction or grading activities. The proposed disturbance perimeter, as shown on the approved set of grading plans, shall be iron-staked by an Arizona-registered land surveyor or Arizona-registered civil engineer, roped, and warning signs posted prior to any disturbance activity on the lot or parcel. This staking, roping and warning signage shall be inspected by the Town Engineer prior to any disturbance activity on the lot or parcel. The staking, roping and warning signage shall be maintained in the same location during all subdivision construction activities, and shall not be removed until final approval has been given by the Town, and in the case of the construction of a multi-family development, until the Town has issued a Certificate of Occupancy. F. Utility Disturbance. Disturbance activities for utility line (including but not limited to water and sewer mains and laterals) installation shall include an area on center with the utility line at a width (may vary) necessary for such utility work. No disturbance activities are permitted outside of the area indicated to be disturbed. G. Subdivider Options. In order to comply with the Hillside Disturbance Regulations of this Section 5.04, the subdivider of a subdivision wherein future disturbance activities will take place can choose either of the following two options: 1. Lot-by-Lot Hillside Protection Option: If the subdivider does not desire to utilize the Hillside Transfer and Protection Option set forth in Subsection 5.04.G.2 below to comply with the regulations of this Section 5.04, and no hillside protection measures are proposed (other than those measures required in Subsection 5.04.0 above) in the platting process for the undisturbed, yet developable lots or parcels within the subdivision, each lot or parcel shall be required to individually meet the land disturbance requirements in this Article. 1125943.4 15 2. Hillside Transfer and Protection Option: a. If the subdivider chooses to transfer allowable hillside disturbance from undisturbed hillside areas to lots, parcels, tracts or rights-of- way in a subdivision, the subdivider may do so by identifying an area acceptable to the Town and granting to the Town a Hillside Protection Easement(s). If the Hillside Transfer and Protection Option is utilized, all areas located outside of the Hillside Protection Easement(s) within the subdivision may be disturbed through the subdivision improvement process and/or through future development activity. b. If the Hillside Transfer and Protection Option is chosen by the subdivider to preserve the required amount of hillside areas within the subdivision, the following regulations shall apply: 1. If a subdivision is located in two or more zoning districts, the amount of hillside slopes required to be preserved within each zoning district shall be calculated separately. 2. The total amount of required undisturbed hillside areas for the subdivision can be preserved anywhere within the subdivision. Hillside Protection Easements can be placed on lots intended to be developed, instead of, or in addition to, tracts of land within the subdivision boundaries. In some Town-approved instances, hillside areas may be preserved outside of the subdivision boundaries. 3. The following Hillside Protection Easement text shall be used for easements intended to meet the intent of this Section 5.04: Owner hereby grants to the Town of Fountain Hills a perpetual easement upon, across, over and under all those areas designated as "Hillside Protection Easement"for the purpose of preserving the natural topography and vegetation of land area within the Final Plat of(Subdivision Name) in conformance with the Article V of the Town of Fountain Hills Subdivision Regulations. The owner or any of his heirs, successors, or assigns shall not perform nor allow to be performed, any construction; or cutting,filling, grading to the Topography; nor any grubbing, brushing, removal, or otherwise damage any vegetation, rock outcropping, or other natural feature in the Hillside Protection Easement area without prior Town Council approval. A trail way may be a permitted use if approved by the Town Council. 41110 1125943.4 16 H. Enforcement; Remediation. In the case of disturbance activities in violation of 11) this Ordinance, the Community Development Director or designee has the authority to enforce these regulations, including but not limited to, the authority to require the immediate chain-link fencing of all disturbance perimeters, the authority to require the immediate re-vegetation of any illegally-disturbed areas and/or the authority to issue project-wide stop work orders. Furthermore, disturbance activities in violation of this Ordinance are violations of the Fountain Hills Town Code, and are subject to Article 1-8 PENALTY, Subsection A of the Town Code, as amended. ILLUSTRATION OF PRESERVATION REQUIREMENT The following is an illustration of the correct method to calculate the "Preservation Requirement" and "Disturbance Allowance" for Happy Acres, a fictional, 100- acre subdivision, having 25 acres in each percentage slope band, with 10 acres "exempted" for roadway construction. The ten acres of "exempted" disturbance activities are allocated evenly across the four percentage slope bands. The following table provides the only acceptable methodology to calculate "Preservation Requirement" and "Disturbance Allowance" under the Hillside Transfer and Protection Option, as described in Subsections 5.04.A and 5.04.G.2 above: HAPPY ACRES SUBDIVISION Notes: 0-10% 10-20% 20-30% 30%+ Total A [Total Land Area (In Acres) 25.00 125.00 125.00 25.00 100.00 B Exempt Areas (In Acres) 2.50 2.50 2.50 2.50 10.00 C Residual (Net) Total 22.50 22.50 22.50 22.50 90.00 D Disturbance Allowance % 100.00 30.00 20.00 110.00 1-- Maximum Disturbance 22.50 6.75 4.50 2.25 36.00 E Allowance in Acres F Preservation Requirement % 0 70.00 80.00 90.00 -- G Minimum Preservation 0 15.75 18.00 20.25 54.00 Requirement in Acres H Proposed Disturbance in Acres 15.00 p.00 4.00 4.00 30.00 I Excess (Short) N/A (0.25) 10.50 (1.75) -- J \Internal Hillside Transfers N/A 0.25 (0.25) 0 K Required Size of Outside Sending N/A 0 0 17.5 -- Area 1125943.4 17 Explanation of Notes for Happy Acres Illustration: A. The total gross subdivision size for the Happy Acres Subdivision is 100 acres. B. The total"exempt"areas for the subdivision total 10.0 acres. C. Residual or"net"areas in the subdivision are derived by subtracting"Exempt Areas"from "Total Land Area", in each slope category. These net totals, in each slope category, are used to calculate Maximum Disturbance Allowance and Minimum Preservation Requirement in each slope category. D. The maximum disturbance percentage in each slope category. E. Derived by multiplying"Residual(Net)Total"by"Disturbance Allowance"percentage. F. The minimum percentage preservation requirement in each slope category. G. Derived by multiplying"Residual(Net)Total"by"Preservation Requirement"percentage. H. The developer of the Happy Acres Subdivision proposes to disturb, through the development of the subdivision, an amount of non-"exempted" land in each slope category, in an amount noted on the table. I. Derived by subtracting "Proposed Disturbance in Acres" from "Maximum Disturbance Allowance in Acres." A (Short) in this row indicates that the proposed subdivision will disturb more land in that slope category than is permitted. Excess may only be transferred from a steeper slope category. In this case the subdivider can transfer an excess in the 20-30% slope category to compensate for the shortage in the 10-20% slope category. In the case of the "short" in the 30%+ slope category, the subdivider may either reduce the amount of disturbed land in that slope category or seek Town Council approval of a hillside transfer from outside the subdivision. J. If the subdivider chooses the Hillside Transfer and Protection Option, hillside transfers from a steeper slope category to a lessor slope category are permitted within the subdivision. In this illustration, the subdivider has transferred .25 acres of the .5 acre excess in the 20-30% slope category to compensate for the .25 acres of non-permitted disturbance in the 10-20% slope category. K. Derived by dividing any (short) acreage, after any internal hillside transfers, by the Disturbance Allowance percentage. If the subdivider did not desire to preserve the required amount of land in that slope category within the subdivision, and the Town Council approved of a hillside transfer from outside of the subdivision, this is the amount of land within that slope category, or a steeper slope category, that would need to be preserved within the "outside sending area" or the area outside of the subdivision from which the hillside transfer was originating. The required ratio for transfers from an outside area is 10:1 (the amount of outside area preserved must be ten times the size of the area within the subdivision). 1125943.4 18 • Amendment 6. The Subdivision Ordinance, Article 5, Grading Standards, Section 5.05, is hereby deleted in its entirety and replaced with the following: Section 5.05 Washes/Drainage A. Maintenance of Continuity. The entrance and exit points and continuity of all natural drainage channels on a lot or parcel shall be preserved. Ponding of water shall not be permitted above cut or fill slopes. Building sites must be designed to carry surface waters away from buildings and away from or through retaining walls. B. Swale Grading. The minimum amount of swale grading necessary for drainage purposes is not subject to the restoration procedures of Subsection 5.02.B.16. C. Character. Retained washes and new drainage channels shall be given a "natural" desert character where possible in accordance with the Town's engineering requirements. Requirements may include landscaping with rock and native plant materials, and preservation of existing natural features (see Exhibit 26). D. Detention Basins. Storm water detention basins with natural materials are encouraged subject to the conditions and locations as approved by the Town Engineer. E. Detention Basin Re-vegetation/Aesthetics. Storm water detention basins shall be re-vegetated with existing vegetation and native plant materials where appropriate in accordance with the approved landscape plan. Terracing, berming and contouring will be encouraged to naturalize and enhance the aesthetics of the basin and to blend with the surrounding terrain. F. Basin Construction. Basins shall be designed to allow for the creation of peninsulas, more "natural" contouring, and the placement of boulders and rock outcroppings (See Exhibit 27). G. Basin Slopes. Basin slopes shall not exceed a three to one (horizontal to vertical) slope adjacent to public streets. Remaining slopes shall also not exceed a three to one slope. Deviations may be approved by the Town Engineer if the lesser slope creates excessive grading of the existing desert environment (See Exhibit 27). H. Native Materials. The use of native materials in the construction of headwalls, flow retardant structures and devices, culverts and drainage channel bottoms is encouraged (See Exhibits 28 and 29). I. Erosion Prevention. Erosion controls should be constructed and maintained to prevent erosion of all slopes and graded areas. Surface drainage interceptors may be provided at the top of all cut and fill slopes where surface runoff will create 1125943.4 19 erosion problems. Sub-surface drainage facilities may be required for stability and protection of affected areas due to ground water seepage. Erosion protection of drainage swales will be encouraged through the use of native rocks and native plant materials. Where runoff velocities necessitate additional erosion protection, the use of integral colored gunite or alternative material may be approved by the Town Council with a recommendation by the Town Engineer and Community Development Director or designee. O 1125943.4 20 Exhibit 26 ' • .. . NATURAL DESERT CHARACTER FOR DRAINAGE CHANNELS . , „4.•• • ..„. ,, ,,,,N , f.' --.., d . . --•• . . ".... , . 'yk,..l': 'J.': • 1 , t• • • N....--...' .h.14 1 \ .f`\ i 1 I . 4:11 '0-• -. : ',,..i •. AO •. L s. \\\. ap, .,..4,„-,,,,•or..A-i.s-• ,.57, 7\ ,,,,,L N , Li- ,o--,,,--N.!::_ ,..., •:',.. Al'r • %• *: 1 . , ' • i il;4,1**14e •.*4 A:0,.••* '',:).'el .. • . •Ni '.•,-, .. .. t...... , , •••..1 i r. i .. -...„,,,,,, ., •::::...'-'1 .' \ :. ' . 1 t • _ •::::.'lle c, - ' , .- ' . . • 4.4 1 .•ARCrir '.'.. ' - Je• ..' ':'. • . . . ...^ " . . , ..1-,..!77. ,i_4 - „....-- . • - - -. 1 1 - .. •• .„, ,, -- . . - • .- . 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L ' • L4117,,,,,,i, w.4. ::., - __...:,,,,..... • ,..‘kti 1, „ .:. . ... _ . . ,,, . ... ,,,. • ..0.,,,, ,,..„-_,,,. . ._,.,___,•••_ ... .. ._,,,,, • . ,_ 4 r,• • •-'/ .0. ..[... , -. • .. •-3...iro.:,•;;, k.,,.4 .1..J.":(,..' it iti • , — - .,1.-- .ife . .,\.:t....- •••_:.,:-.... ...Ar-.,.• ..)„.•:•7... .3.,*it-. .. ...".. . . . • . • •• 1. •'f ....Pa ,I, . ill ..... .. ‘. il ,„..." :iirk4r:mpg '..... .N...S.' . . ,..•••• '-•... I .,• 44 . ".I . • ' • • • .... .e.' ..1.111111111".7. ... . • • -.,* . '' .....•Y, '''...IA 4:'•••: ' --r- ' •',.;;.). .. "•-• • • ...,, • .0' • • . LANDSCAPING wrri ROCK.NATIVE ' •_.... ,H‘' •... - . .i • PLANT MATERIALS,NATURAL COLORED • i •,. — RIPRAP OR RIVER ROCK ON THE SIDES .. . ,--,- • • AND BOTTOM ' --Li', k!-•t.,...r v..J1 1 7,1% . . ...• ,- . • • , • .....a,„ .. . ...• --• .• I • • . . . I 1 411111, 1125943.4 2 1 Exhibit 27 ) , BASIN CONSTRUCTION AND SLOPES sue►' ' • . '-'�_ . --* •.t.,. _1'. ' -a 4 '1". -.----.-------""''''"""-`-. - • C .."1 'e ' r• 141*.'?-t-717. .--."".:4..'*.e.iriPi." -..,...4...."'"."41..;....;*.,•?4,41111111* ',Il ; '4/ill 1.14 1 I : i ._ram --. .. ��4, � . It� _ 7.'-�.` t.;y` ROCK OUTCROP '-= _%-••_ _ .� f -. • �'. � t_` `"'" CENINRi1�-,1,Wj7ji--.7-- '�.+ '',100.y'aY■ . fg1 :' ONTOURMG.90NA u • N... R ER • '� ."�.=; "'• _- AND OCK ouTCRO pn'SS. —isaMilftW.. VP ` iiii, -:. ____:— \. , . . - .- ______. --------__________' ... -..... ._::::____...-____-_-__---________„-:,-:...% : . 7 .... ........ . ..... ..• • . , •:-.- -. \....„.... ---------~•-------.. `. ' .- ,...~j, !.-r 1. _r _ ram•', ' � . 2 <" tifa xwmem-BASIN PARCEL, ;/� .64 / :` /// /, _ ds® /,`y s`4.// •ram. .� 7 --1 1125943.4 22 Exhibit 28 0 . , . DRAINAGEWAY CROSSING CULVERT AND DIP SECTION • • .. --'-� �,� • • ~ '-✓• :I jj ,1 - ♦1---` ems.••• • • a. _ L_ ... ° . .�. .`r:► e•j• f +• i • mow„ -- - •Al ara. '. '. ' .• .* r•' f ' • � em��� ' F 's :-'I • • -Jawr 0! r - •Ttiikerts1; � - � �. y am- •' .. • • }••• Thai; CULVERT'S(ZED TO CARRY • ' ti - !//:_ '.:'� l0 YEAR-.FREQUENCY STORM. 4r/ ` • , / •• DIP•SEG'(fONS FOR LARGER --_;:,_r •. .• ) STO(tMS'(WITH APPROVAL; '1 C. _ - - • - i_iitrive*,expifk- - . .. , . 1#44-pio- -• - • ._ ,,,,.... ')...J.•',7..":". ,I.N:7774"., '..•;-:_.• • V•Igli;.." • 184.41/17. • .-\, •.011-s• •• ' 1,,_ , , • _ i • .v - ! 1•! ' / /. , Ly o+ NATIVE.STONE HEADWALLS.NOT IN a' 1 ..: / _ ` _. �r' c �,; RIGHT-OF-WAY. STONES SHALL BE i DELETION OF CULVERT FOR LOW. • 3''�s' 1 �` « ,(. Y,a. FLOWS ON LOCAL ROADS POSSIBLE. - /, _S .•• + ,. PERMANENTLY HELD IN PLACE ,. .'i/'^ i . ` 1 'M' MECHANICALLY BY CEMENTATION OR WITH ONLY A DIP SECTION �''' N"' • �`'i• '•� /' �•• • BY ANOTHER APPROVED METHOD. j PROVIDED(WITH APPROVAL') . �•:{. '-.1,..1'•":?S wiff /� /,/i) .'' / / / �- d b;,• ..'•'.. '.1•:;1,`1�; `'i"' • wy, • / , . i. is ,. / ./ ,- / ... .: .vin. • -ke ,. aci rifi i . I.: . // ■ 6"MAXIMUM FLOW DEPTH DEPTH •'{.� • .. '` � ,1*.1' 4plip.' __ ,J '•- 4,,1t�'".. FOR 100-YEAR STORM. - -� '-'9:sp ,, S. , . f"'y 1 - ... .4'' / • / - -.. t- ..r .tvie , / //) - 4 kw 1125943.4 23 • . Exhibit 29 *OF MULTIPLE CULVERTS FOR LARGER DRAINAGEWAYS . i• - - ,.. • _ .- . • . : .."iiiiiior;.; ......... ..- - .t.•- • z--..-....r.,,-....-- _Ake...- . ,', • . • ... . . .. ...7-" ' '-. --:=0.--t..-..7----t-•"' 1 . , .-..... . . • . .411111114111%-. ......4srigt..... ,..-...-•. .1 . ./ 'e.r.-4-ea"k":.:*In---311W. 171111.74rit -go" •ec) s‘,4 ..,.101606. -.' .2 ...14rititriHteetw-...... goeiro• - . .6'.. . 4.. ' .4; / 1 - Astiore. • .---. .,,, ----.' - • 'c.c. -,.1 7 . - i „3. .. 10, •a ... • ••........4.* '.-:_ . -,7 ,,i . 0,•:1-_,„," , , 0 . . ‘.A.,. . .• .,••••,,„„„ . .,.. .441 ., ... .. ... ..... 1.,,....e...:,•;:1•,......aul: 4, - • . ."' 'It. 414.111 • I 4 J ' %' ......°;-.. OF. - ..41;470.:Nii..1".j -V - ._ '..... . .f761111615,.* X/ • stioN.li. ' .."' Ilip,411eirig. .rt' bliple 411P:A4"A":- '- - . .. 6-01-I . - - ,,7'.......-:,..r.,,,b...‘,.,It, •• . -.. ..;"..• •ier 'a Ana} -- .,,.." ..;:.•.,..1.-...?-,..-::.---1..:..;A1414 e",:44161111 i„ et - • - •;,,,-- • .4=,..._--igiSr,„1;-- si. me •/'-'..•-- ...•7 "-ta.;;Otte't.• IIP•• "8-. • •11r...-41e. •roil,- • ;4 .. -;/"?:t".. :••,-.- • ,... ..0a,068#, :le.:- -406. -4177:-__ '.8g.' .1.....r • .„7...,;,...asiiik.4*-1 ,- ----74..."7-.: jor•-__ , Awk,„_.__.... _ .jp. . At....:.''',:*.reork....••••.• ,„ ''' , .881,;,•, • -- -- ..07,4- . WI, • ..-.."', I-- . . . • •, ......... 4 • - -. . 17*."::.f"...Tri#;47'47 .1.1. .. ". - •'' ..... , .•... . •• • ;or_' •- - 01::::".•-"•-''• gib _........ .- • - , ...._...... _ .fr ...... • MULTIPLE CULVERTS SUGGESTED FOR SHALLOW ........ —2"7:1114 .••••? 0,49 47 k"femr,›"'" WASHES, SUBJECT TO HYDRAULIC REQUIREMENTS, --- . . TO CARRY A 10-YEAR STORM. _-. • . • , .,-' • ____ ...- -, . ••••• - CV/Z tezedcr 7.,..v., • :•; -7-`-- "---* • I:N.... '..;....yr.. ,,.....- 41;4111..1117s87•Je ArAit.ff -1116:#1 Iltrir--• ;...1;-,giairri-e." 4.0:4 ... ' . ri . - - , :So PP ilieshei 50,4171,0,;.8.41Ffib-irallftferi0 WtoP,P. figi,c,r7 sat'''.14 16?-ie; 4,. 0' . ..--.401 • op. ZS ' 4,„ riv 10 ' . 4.4011".a.% ill drifiniteR01016140#1. - -,,, nip op ,riek ..... --.., Ap in.,: ,zr. b 11:.,,' ,,,....- Av.*,....111,„ nIll left li, 16.-..:e •.., .....• '-':- .-"erralliarillir1.17dillikelS .111..#0.17• illr•••••-• 11*An-tra:AI i 1 . . - g, " .,r;;040176....r4.........,%.r...,. , oriatimp ame-.-,,..ilvroka;iv, ' •p*OA,%, *• :110.1'4.• ' .17,,Ii ' Filli v.A // I• — tiolirporr-• ..7 '°- • ..*-..;...-•.- -- r AA... 4."--%,,.:,,..,-.A,..:..74..000:::.,-.:17,..„.-,,,a..:: ..„-q...i.,,,-..;: ..,...f...„,-.:. :-• :,.- -,- . - - .. - # -,..v"- I--..--'111::"-0410,-• ."-T.••'..::lot:. :4. '-';1••••1;"*•.:, ••APCA•5t•:"... •"... -.11119 47 •:--K7,,,- - 7 • . .IP ;..., ..10.....re•os.01%:-:.104 1..,„':: • /C"' $1•....9.%:. ''" t : ,•;1; :,ii Apr," ,,i , • ,'' . 1 ''%. .7:sak_ - s • ille...ht.... ',sal:.- -2'',••.- -•''" " e• . 1 - ( ., • I, . .j,IP,Areh..alw - , • -ir: -• qs Alr,Ska,-ftemar,gilegNik.....iMillk '.. -"drum,.-,, 4,11•, .,„rt ,7_ , _ .1' i • I I ..... A. #10.11.7.4-dreas•AwAispr.iik ..,--0,•;•.74v3;044.2L........ .... . i . rN • -.0.0041wc.h. .- 410 . ti mor4 ...,e: No./1 I JO 4/•._. _•L TaA,Mr6, -sala llii,i r -' ,_ -0C1.4P.0 r-•,",'--,.6- ,/...-/-P4.".,. trosr .il•ri.: t4. . , , ' . c. c. .41.?....•-• . • e.'.7 •. ,-, . . .41f II ,, 'I ...... ,;;;,................ • , ,.. „, i ..-c;;:r . . • , .. _ .........7• .,• . , _*---.4k,._...... - ,,' • , 7:- ' ' .... .. ..... -1 , NATIVE STONE HEADWALLS. NOT IN RIGHT-OF-WAY. STONES SHALL BE ., . • , ..PERMANENTLY HELD IN PLACE MECHANICALLY . V,'it - BY CEMENTATION OR BY SOME OTHER APPROVED METHOD. , 1125943.4 24 Amendment 7. The Subdivision Ordinance, Article 5, Grading Standards, Section 5.06, 111) is hereby deleted in its entirety and replaced with the following: Section 5.06 Retaining Walls. A. Measurement of Height. The height of a retaining wall is measured from the low side of the natural grade, or the subdivision finished grade if the property was subdivided or re-subdivided after September 20, 1991, to the top of the wall, whether or not the top is retaining earth. Freestanding fences with at least 50% openness on top of retaining walls are not included in retaining wall height restrictions but are restricted by the fence height regulations of the Town Zoning Ordinance. Any freestanding fence with less than 50% openness and located on or within a horizontal distance less than the average height of the retaining wall shall be included in the retaining wall height. If the face of a building is within 15 feet of a retaining wall, the height of the retaining wall shall be included in the building height calculation and the combination of the retaining wall height and the building height shall not exceed the maximum building height limitation. B. Terraced Walls. Any terraced retaining wall and freestanding fence with less than 50% openness within the average height of the highest wall on the same property shall be calculated as one height and be subject to the retaining wall height limitations of Subsection 5.07.A of this Ordinance. If two retaining walls, and freestanding fences with 50% openness or greater openness, are separated by a landscaped terrace of a width at least the height of the highest wall, then each wall and/or fence shall be considered as a separate wall or fence (See Exhibit 30). C. Determination of Average Height. The average height of a retaining wall shall be computed by taking the total vertical surface of the wall (or straight-line or circular sections of a meandering wall), above grade and dividing it by its length. D. Height Limitations. The maximum height and average height of a retaining wall, or straight-line or circular sections of a meandering wall, shall not exceed the following: AVERAGE SLOPE AT WALL LOCATION *-% 0-15 >15 Maximum Height (feet) 8 10 Average Height (feet) 6 7 * As determined by averaging percentage of slopes shown on sections through grading plan submittal. E. Height of Structures at Graded Sites: The height of all structures shall not exceed the maximum height regulations of the zoning district in which the property is located. The height of a structure shall be measured vertically at any point along that cross section from the finished grade as shown on the approved subdivision grading plans. If there was no grading on the lot or parcel as a result 1125943.4 25 of subdivision improvements, the finished grade shall be the lower elevation as 0 of September 20, 1991 or as shown on the individual grading plans. Grade elevation does not include isolated topographical features, such as pits, hills, rock outcroppings, etc. that are less than 500 square feet in size. Amendment 8. The Subdivision Ordinance, Article 5, Grading Standards, Section 5.07, is hereby deleted in its entirety and replaced with the following: Section 5.07 Walls and Fences. A. Non-Retained Walls. Non-retaining walls and fences shall not exceed six feet in height as measured from subdivision finished grade. B. Perimeter Subdivision Walls. 1. Reflect Topography: Perimeter subdivision walls, if desired, shall be designed to reflect changes in the topography(See Exhibit 31). 2. Design Preferences: Perimeter subdivision walls, if desired, are encouraged to be designed and constructed in a height and style which preserves desert vistas and environment, unless otherwise approved by the Town (See Exhibit 31). 3. Setback Requirements: Perimeter subdivision walls over 3.5 feet in 0 height that are located outside of a front-yard setback area shall observe the same setback from any public or private right-of-way property line as the street-side yard setback of the zoning district within which the subdivision is located. C. Walls or fences on individual lots which are visible from the street are encouraged to be designed to match the character and appearance of the buildings in the subdivision (See Exhibit 31). 0 1125943.4 26 Exhibit 30 Retaining Waif Design ILLUSTRATION # 1 '77- ENCLOSURE WALL I.'M� 1.✓~(6' MAXIMUM HEIGHT)I •TERRACED VERTICAL RETAINING WALLS. - G - ` �� D j�N' ' col 4114410440 • TERRACES TO BE LANDSCAPED ' • I j a_ .+�. //7 I. MINIMUM HORIZONTAL DISTANCE BETWEEN -�"�f �1\ +- f WALLS IS THE HEIGHT OF THE HIGHEST j' •If OF THE TWO ABUTTING WALLS. RETAINING WALLHEIGHT '' s LIMITATIONS AS SPECIFIED IN SECTION 5.06. .. -1 1 SIZE DETERMINED BY STRUCTURAL . I ..,r•' CALCULATIONS,SOIL STABILITY.SLOPE. a T.j� d �.0•6 > 0.' , -,.. .........„ . . 6 . ',`-' 0,-- r,;--,(;.., 1 VI ' ..r, " 1 - iii? e Mill ''c•.%� '•' h' - Ir.' \` \ NON-COMPACTED SOIL 4 .. r(I 1, strA , t � •MORTAR•FREE RETAINING WALL WITH PLANTING• Q , 4 SUBJECT TO STRUCTURAL AND SLOPE STABILITY • �_ DESIGN CONSIDERATIONS AND BY APPROVAL OF `1 + THE TOWN ENGINEER AND ARE SUBJECT TO THE ��`� '�" 4 WALL HEIGHT LIMITATIONS SPECIFIED � i J- COMPACTED SOIL RETAINING a` IN SECTION 5.06. ��,, ' G I �� as o �� � �L1.3 � •� \ ILLUSTRATION # 2 Exhibit 31 SUBDIVISION PERIMETER WALLS �` / ,. lam tit A.' 1,•;�'' - - .,a WALL HEIGHTS TO RESPOND TO TOPOGRAPHIC CHANGES ., t t/.- . TO PRESERVE DESERT VISTAS� "`�: �#Iff � n• • •- 46'°' .- -- -4+°'! '' * 4 ILLUSTRATION' �y ///// 1 I 1 RATIO�t # 1 . . i , -..,„- , ---._ 1 ...;11 . :1" . :ii „ . ._ .10 •,. . , . • f�� 1�►,., 5.'i;:,. j 11 i •�y, �� :� ��' Ap ' -7..tel.41.11ifikli. . 4 • ' : .- ' :41` - .-- • ( sor -.' . , - ,` lire • .... //- t i INDIVIDUAL LOT WALLS, VISIBLE + l,: 41,". ' 7 . _ "—`. FROM'A STREET TO MATCH CHARAC.VER ti • . ,t. /.t'.;,1 � �++• AND APPEARANCE OF HOME. �f �,: , �I ► "��►►" N .ass014:1111 <I\ •I' i4.0-16- °� rra � nitim�lei". r.-.:�.. •.- r. t •• i NC• . —r- --- _• Ire Ir .._.'j�. . . •/�/►.; .- -T�\^ " � !•• r' --_w -�f �` ttt��ll( •,.• , R 4 •q 4• .... .. . ....' '''.:. • .0'4 .:39-•i or. i ,.. .., . ,... c, a , . ..„ „ . , . "-"1,.. " . . SIIIiff;.11. 2 ' M i J r, +fir `• �. • • �"--• :- • ILLUSTRATION # 2 • IN LARGER SUBDIVISIONS, WALLS OR FENCING IS ENCOURAGES TO BE CONFINED -— - .. TO PRIVATE ACTIVITY AREAS • 1125943.4 28 Amendment 9. The Subdivision Ordinance, Article 5, Grading Standards, Section 5.08, is hereby deleted in its entirety and replaced with the following: Section 5.08 Local Streets. In an area with slopes greater than 15%, hillside local street standards may be utilized to encourage better adjustment to the topography of the area. See Exhibit 4 of this Ordinance and Article III, Section 3.05 of this Ordinance for more regulations on the use of hillside local roads. Existing significant topographical features, such as washes, hillsides, boulders and rock outcroppings, and established stands of native vegetation which cannot be re-vegetated, may warrant the approval of alternative engineering designs. Modifications would be considered on an individual basis, with approval by the Town Council. The following are requirements and design alternatives for street construction in the hillside areas. A. Grading Disturbance. Grading for the construction of public streets or private streets are subject to the cut and fill and land disturbance limitations of this Ordinance, and shall be developed as prescribed by the Town Engineer, the International Building Code, and the Department. Furthermore, disturbance as a result of road grading shall reduce the subdivision-wide allowance for hillside disturbance, as prescribed in this Ordinance. Disturbance outside of street rights- of-way or private road street tracts meeting public street right-of-way standards as a result of road grading shall reduce the subdivision-wide allowance for hillside disturbance, as prescribed in this Ordinance. Any subdivision contained within an Area Specific Plan adopted prior September 19, 1996 shall be exempted from this Subsection. B. Revegetation. Where scarring occurs as a result of street or utility construction, re-vegetation and restoration shall be required of the subdivider. Restored areas shall be graded and landscaped to blend with the natural vegetation and terrain, and stabilized to control erosion. Landscaping and stabilization shall occur concurrently with construction (See Article VI, Section 6.05 of this Ordinance). C. Retaining Walls. Grade changes that require retaining walls may be used only with the approval of the Town Council. Where approved for use, vertical retaining walls shall be in conformance with Sections 5.06 and 5.07 of this Article. For grade changes of more than eight feet, the use of multiple walls in a series of terraces is required. If two retaining walls are separated by a landscaped terrace of a width at least the height of the taller of the adjacent walls, then each wall shall be considered as a separate retaining wall. The finished surfaces of retaining walls are encouraged to blend into the natural setting by such means as texturing and the use of earth tone coloring. The use of native stone as a veneer is also possible (See Exhibit 30). 1125943.4 29 For slopes of 50 degrees and less, mortar free stone retaining walls using irregularly shaped native boulders may be used, subject to structural and slope • stability design considerations. Landscaping of the slope shall be provided to produce a more natural appearance (See Exhibit 30). D. Balanced Excavation. Subject to Subsection 5.03.B of this Article, all excess excavated material shall be removed or incorporated as an integral part of the site development so that a natural look is maintained. E. Drainage. Where drainage ways cross streets, culverts shall be installed to convey ten year frequency storm flows under the pavement, with higher volume storm flows being allowed to flow over the pavement in dip sections (See Exhibits 28 and 29). For washes with low flows, deletion of the culvert may be permitted where a concrete dip section is provided, when approved by the Town Engineer. (;) 1125943.4 30 zA><N TOWN OF FOUNTAIN HILLS Ar o X Planning and Zoning o 9/,rbat`.,_.r tioo is AGENDA ACTION FORM Meeting Date: March 11,2010 Meeting Type: Regular Agenda Type: Regular Submitting Department: Planning&Zoning Staff Contact Information: Richard Turner,AICP, Director of Planning&Zoning, 480.816.5191, rturner@fh.az.gov REQUEST TO COMMISSION: Discussion and Possible Direction to Staff on TCCD Noise Regulation (Zoning Ordinance Section 18.06.B) Applicant: N.A. Applicant Contact Information: N.A. Cr. operty Location: Existing TCCD Zoned property which is generally located in and around the downtown area. Related Ordinance, Policy or Guiding Principle: Zoning Ordinance Chapter 18, Town Center Commercial Zoning District, Section 18.06, Additional Regulations, Paragraph B and Chapter 5, General Provisions, Section 5.19, Performance Standards, Paragraph A, Noise. Staff Summary(background): Staff believes that the noise regulation in the TCCD Zoning District is too restrictive given the character of development that is encouraged to locate in the downtown area. The purpose of the TCCD Zoning District reads in part `The intent of the district is to encourage the development and sustainability of a vibrant mixed-use area where residents and visitors can live, work, shop, dine, be entertained, enjoy community and cultural events and contribute to the economic viability of the Town Center area and the Town as a whole." This is consistent with the recently adopted Area Specific Plan for the downtown which encourages outdoor activities in an active and vibrant downtown. The TCCD Zoning District regulations, Section 18.06, Additional Regulations, Paragraph B states "Any recorded or live music or sound that is electronically amplified shall only be permitted at establishments with outdoor patios and shall not be audible at a distance of more than one-hundred (100) feet from the business premises from which it originates." This regulation would not appear to be consistent with either the purpose of the TCCD Zoning District or one of the key themes of the downtown Area Specific Plan which encourage an active and lively downtown. The existing TCCD sound/music regulation prohibits indoor amplified music of any kind at businesses that do not have an outdoor patio. Those businesses with an outdoor patio are restricted to having outdoor music at a sound level that cannot be heard 100 feet from the business. This would appear to be an overly restrictive provision that would not be conducive to a lively and vibrant downtown environment. aise generated by any other use for which plan review is required is regulated by Section 5.19.A of the Zoning rdinance. This is a performance standard that sets maximum noise levels in decibels depending on the time of day and the frequency of the sound. While this is not a perfect tool for regulating outdoor entertainment, it is staff's opinion that it Page 1 of 2 is more consistent with the Town's goals for the downtown area than Section 18.06, Paragraph B of the TCCD Zoning District regulations. ,;letion of the noise regulation specific to uses allowed in TCCD Zoning would not eliminate the control of noise in this zoning district. Without Paragraph B of Section 18.06, the uses in TCCD Zoning would be subject to the noise restrictions in Section 5 of the Zoning Ordinance. These are the same restrictions that apply to al► other non-residential uses in the town. Staff has received 3 e-mails that relate to this issue. Copies of these are attached to this report. Recommendation(s): Staff recommends that the Planning and Zoning Commission initiate an amendment to the Zoning Ordinance to delete Section 18.06, Paragraph B. Attachments: Section 5.19 and excerpts from Chapter 18 of the Zoning Ordinance, E-mails from Dave Link, Jeffrey M. Denzak and Rick Davis to Bob Doneff SUGGESTED MOTION: Move to initiate an amendment to the Zoning Ordinance to delete Section 18.06, Paragraph B from the Town Center Commercial Zoning District regulations. Submi ed 33 /0 Director Date Town of Fountain Hills Zoning Ordinance Chapter 5 masonry walls with solid concrete floor sloped for drainage and maintenance of sanitary conditions. Enclosures shall be of sufficient height to conceal contents, including containers, but in no case shall any enclosure be less than four (4) feet in height above grade. Gates are required and shall be solid or baffled, equal in height to the enclosure and equipped with latches to ensure closure when not in use. Central trash enclosures shall be provided for multiple-family developments having five (5) or more dwelling units, and must be accessed in a forward motion at points of ingress/egress. B. Location: Trash enclosures shall not be located in any required front or side yard. Section 5.19 Performance Standards Any permitted or special use must conform to the following performance standards. In conjunction with the plan review, the developer-applicant shall provide to the Zoning Administrator information, which is sufficient to show that the proposed use and the manner of its conduct will meet the following performance standards: A. Noise: At no point on the property line shall the sound pressure level of any individual operation exceed the decibel levels in the designated octave bands shown on the following page, (excluding operation of motor vehicles or other transportation facilities). Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter. Impulsive type noises shall be subject to the performance standards provided that such noises shall be capable of being accurately measured with such equipment. Noises capable of being so measured, for the purpose of this section, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of not more than plus or minus two (2) decibels. • Page 33 of 38 May 2007 Town of Fountain Hills Zoning Ordinance Chapter 5 Maximum sound pressure Octave band levels in decibels Cycles per second 0.0002 dynes per cm2 Sunrise to 11:00 PM 11:00 PM to Sunrise 0 to 75 79 72 75 to 150 78 67 150 to 300 73 59 300 to 600 67 52 600 to 1200 61 46 1200 to 2400 55 40 2400 to 4800 50 34 Above 4800 46 32 Special events or occurrences that will exceed the above noise levels may be permitted by a special use permit only. B. Smoke: No emission of smoke from any source shall be permitted to exceed a greater density than that density described as No. 1 on the Ringlemann Chart. However, smoke may be emitted, which is equal to but not darker than No. 2 on the Ringlemann Chart, for not more than four (4) minutes in any thirty (30) minute period. For the purpose of grading, the density of smoke, the Ringlemann Chart, as published by the U.S. Bureau of Mines, shall be the standard. C. Glare or Heat: Any activity producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a nuisance or hazard along lot lines. D. Vibration: No vibration shall be permitted which is discernible beyond the lot line to the human sense of feeling for three (3) minutes or more duration in any one (1) hour of the day between the hours of 7:00 a.m. to 7:00 p.m., or of thirty (30) seconds or more duration in any one (1) hour during the hours of 7:00 p.m. and 7:00 a.m. E. Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution: No emission shall be permitted which can cause damage to health, to animals, or vegetation, or other forms of property, or which can cause any excessive soiling. F. Liquids and Solid Waste: No wastes shall be discharged in the public sewerage system, which endanger the normal operation of the public sewerage system. Page 34 of 38 May 2007 Town of Fountain Hills Zoning Ordinance Chapter 18 L Section 18.01 Purposes Town Center Commercial Zoning District: The principal purpose of this zoning district is to provide for a variety of pedestrian-oriented retail, office, lodging, residential and civic land uses in the Town Center area. The intent of the district is to encourage the development and sustainability of a vibrant mixed-use area where residents and visitors can live, work, shop, dine, be entertained, enjoy community and cultural events and contribute to the economic viability of the Town Center area and the Town as a whole. Section 18.02 Intent The Town Center Commercial Zoning District designation should be applied to land that meets the following primary characteristics: A. Such a designation is appropriate in the Town Center area of the Town where commercial, lodging, residential and civic activities are desirable for the benefit of the residents thereof and the Town in general. B. Application of this district would be appropriate where it's permitted 411. uses and performance standards serve to widen the Town's economic base and further the development of the Town Center area as envisioned by the Council. C. All new construction within the Town Center Zoning District shall conform to the General Provisions as specified in Chapter 5 and any other relevant regulations of this Zoning Ordinance unless noted in this Chapter, in which case the regulations in this Chapter shall prevail. Section 18.03 Permitted Uses A. Any Uses Permitted in the C-O Zoning District. B. Any of the Following Commercial Uses: 1. Amusement arcades enclosed within a building. 2. Bakeries. 3. Banks. 4. Bars - On premise consumption only. No adult businesses. 5. Barbershops. 6. Bookstores, other than adult businesses. Page 2 of 15 March 2008 Town of Fountain Hills Zoning Ordinance Chapter 18 Slaw B. Group Homes for Handicapped and Elderly People, Nursing Homes, Homes for the Aged, Convalescent Homes, and Assisted Care Facilities. C. Drive-in window facilities for banks and dry cleaners only. Section 18.06 Additional Regulations A. Any outdoor lighting shall be in conformance with the provisions in Chapter 8. All outside lighting shall not exceed twenty (20) feet in height and shall be fully shielded and directed away from residential or uses in the vicinity of the site. B. Any recorded or live music or sound that is electronically amplified shall only be permitted at establishments with outdoor patios and shall not be audible at a distance of more than one-hundred (100) feet from the business premises from which it originates. C. If a business expands, it shall, in addition to the parking spaces in existence prior to such expansion, be required to provide only the number of additional parking spaces necessitated by the expansion. Required parking may be provided in accordance with a TCCD shared 4I1W parking plan that is consistent with the shared parking model set forth below. D. All building permits for new construction shall include completion of all right-of-way improvements required for that type of development by the Subdivision Ordinance. E. Prior to the approval of any sign permit, a comprehensive sign plan for any development within the Town Center Commercial District shall be submitted and approved in accordance with Chapter 6 of this ordinance. All signage shall conform to the approved Comprehensive Sign plan. F. Site plans shall be designed in such manner that they minimize the vehicular traffic impact on local residential streets. Extraordinary pedestrian circulation routes shall be developed internally and externally to provide pedestrian access to adjacent commercial, residential and institutional uses. G. Buildings and their appurtenances shall be oriented to limit conflicts with surrounding residential uses due to noise, light, litter, or dust. C Page 6 of 15 March 2008 Turner, Richard From: Jeffrey Denzak [jdenzak@SwabackPartners.com] Sent: Monday, March 01, 2010 12:01 PM "440.To: Turner, Richard Subject: TCCD Zoning Richard: Those regulations defined in the TCCD Zoning as it relates to music (live or recorded) that are electronically amplified on an outdoor patio are too restrictive (currently limited to a maximum audible distance of 100' maximum)for the intent of the Downtown Vision Plan. We want to encourage appropriate outdoor entertainment venues that compliment the overall character and quality of the downtown. We would certainly support a staff recommendation to change this element of the existing zoning and delete that reference. The regulations in Chapter 5, related to noise, provide more appropriate flexibility. FYI Best regards, Jeff Jeffrey M. Denzak Design Partner idenzak@swabackpartners.com Swaback Partners, pile Architecture &Planning 7550 East McDonald Drive Scottsdale Arizona 85250 Telephone 480.367.2100 Facsimile 480.367.2101 http://www.swabackpartners.com This electronic message contains information from Swaback Partners Pile that may be privileged and confidential. The information is intended for the use of the addressee(s)only. If are not the addressee,note that any disclosure,copying,distribution or use of the contents of this message is prohibited,and no privilege has been waived by your inadvertent receipt.If you have received this email in error,please contact me immediately at mailto:info@swabackpartners.com or 480.367.2100. 1 Turner, Richard From: info@grapeableswinebar.com Sent: Monday, March 01, 2010 3:38 PM 411.•To: Turner, Richard Cc: diane.link@honeywell.com Subject: Town Code Regarding Outdoor Music Dear Mr. Turner, As you know, Grapeables has recently been the focus of several noise complaints as it pertains to our music played outdoors on our patio. I do not believe that the current code supports the business owners of Fountain Hills nor does it align well with the current vision of our town. I would welcome any support you could offer to support the removal of the current code, and you can count on my assistance to provide you with whatever is needed in order to make this happen. Best regards, Dave Link Owner, Grapeables Wine Bar 1 Turner, Richard From: Davis, Rick Sent: Monday, March 01, 2010 3:42 PM `rir ar To: 'doneff @ dcwis.com' Cc: Turner, Richard Subject: Re: Sound or Noise Complaint Dear Mr. Doneff Thanks for your note and comments on the Great Fair. The Planning Commission is addressing our noise ordinance and will be making a recommendation to the Town Council in the near future. We want to protect the comfort and repose of our residents, but also preserve the ability to enjoy a vibrant downtown area and successful businesses at the same time. It is a balancing act, and I look forward to seeing the Commission's recommendation. Thanks again for your email.We are working on this issue. Best Wishes, Rick Davis, ICMA-CM Town Manager From: Bob Doneff <doneff@dcwis.com> To: Davis, Rick Sent: Mon Mar 01 11:48:37 2010 Subject: Sound or Noise Complaint Greetings. We live near the lake and recently a bar in the area has by conducting amplified music late into the night which seems to be excessive and obnoxious. I want to complain to the correct authority and request that you advise me where to go with this concern. Also please send to me or direct me to the Town's noise ordinance so that I may properly review. Thanks for your help. BTW I want to comment how well I thought the Great Fair was managed in all aspects! Bob Doneff 17105 E La Montana Dr #222 L 1