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HomeMy WebLinkAboutOrd 2013-08ORDINANCE NO. 13 -08 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS SUBDIVISION ORDINANCE, ARTICLE 3 (SUBDIVISION DESIGN PRINCIPLES AND STANDARDS) SECTION 3.08 (LOT PLANNING) BY DELETING SUBSECTION H THEREOF, AND AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 5 (GENERAL PROVISIONS) SECTION 5.03 (REDIVIDING OF RECORDED LOTS) BY DELETING SUBSECTION B THEREOF; RELATING TO LOT SIZE REQUIREMENTS. WHEREAS, the Mayor and the Council of the Town of Fountain Hills (the "Town Council ") adopted Ordinance No. 96 -29, which established the Subdivision Ordinance for the Town of Fountain Hills (the "Subdivision Ordinance "); and WHEREAS, the Town Council adopted Ordinance No. 93 -22, which adopted the. Zoning Ordinance for the Town of Fountain Hills (the "Zoning Ordinance "); and WHEREAS, the Subdivision Ordinance and the Zoning Ordinance each contain provisions relating to lot division which require conformance with size limitations tied to nearby similar property (the "Lot Averaging Provisions "); and WHEREAS, the Town Council desires to amend the Subdivision Ordinance ands the Zoning Ordinance to eliminate the Lot Averaging Provisions; and WHEREAS, public hearings regarding this Ordinance were advertised in the April 24, 2013 and May 1, 2013, editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on May 9, 2013 and by the Town Council on June 6, 2013. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Subdivision Ordinance, Article 3 (Subdivision Design Principles and Standards), Section 3.08 (Lot Planning), is hereby amended by deleting Subsection H thereof in its entirety. SECTION 3. The Zoning Ordinance, Chapter 5 (General Provisions), Section 5.03 (Redividing of Recorded Lots), is hereby amended by deleting Subsection B thereof in its entirety and reserving it for future use. 1935798.2 SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance 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. SECTION 5. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to cant' out the purpose and intent of this Ordinance. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, June 6, 2013. FOR THE TOWN OF FOUNTAIN HILLS: Gda M. kava'naky Mayor REVIEWED BY: Kenneth W. Buchanan, Town Manager 1935798.2 ATTESTED TO: APPR VED AS TO FORM: Andrew J. McGuire, Town Attorney