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HomeMy WebLinkAboutOrd 1996-47 TOWN OF FOUNTAIN HILLS ORDINANCE #96-47 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 5 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY AMENDING SECTION 5.11 LAND DISTURBANCE REQUIREMENTS,TO ELIMINATE THE GUARANTEE OF A MINIMUM 12,000 SQUARE FEET OF DISTURBANCE AND THE ALLOWANCE FOR TOTAL LOT DISTURBANCE IF THE RESIDUAL OF THE LOT AREA IS LESS THAN • 6,000 SQUARE FEET AFTER A "FOUR TIMES THE FOOTPRINT" LOT CALCULATION IS MADE, PURSUANT TO CHAPTER 2, SECTION 2.01 OF ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills, and; WHEREAS, Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, provides for a procedure to amend said ordinance, and; WHEREAS, The Town of Fountain Hills desires to amend its land disturbance requirements, and; WHEREAS, At the present time, the Town allows the disturbance on every lot located in a subdivision where the application for the subdivision was received prior to November 3, 1996, to be disturbed by one of two options: (1) the hillside disturbance option, and (2) the "four times the footprint" option, and; WHEREAS, When a homebuilder chooses the "four times the footprint" option, the lot can be to be disturbed a minimum of 12,000 square feet or total lot area, whichever is less, and; WHEREAS, When the "four times the footprint" option is chosen, the lot can be disturbed for an area equal to at least 12,000 square feet or four times the footprint of the primary structure, whichever is greater, and; WHEREAS, When the "four times the footprint" option is chosen, and there is a residual less than 6,000 square feet, after four times the footprint area is calculated, than the entire lot can be disturbed, and; WHEREAS, The Town desires to eliminate the 12,000 square foot guarantee and the total lot disturbance allowance when the residual is less than 6,000 square feet; and 'ASS AIL I1_DI- 9b MOTION el C-Y• SECOND or^a-- COUNT L9 - Porno— t1 al WHEREAS, The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills have been followed; and WHEREAS, The Town of Fountain Hills has rewritten the text of Chapter 5 of the Zoning Ordinance of the Town of Fountain Hills and published these proposed text changes in the official newspaper of general circulation, The Times of Fountain Hills and Rio Verde on October 30, 1996, November 6, 1996, November 13, 1996 and November 20, 1996, and; WHEREAS, Public hearings were advertised in the October 30, 1996, November 6, 1996, November 13, 1996 and November 20, 1996, editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04, and WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on November 14, 1996 and by the Fountain Hills Town Council on November 21, 1996. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, Chapter 5, Section 5.11.B.3(a)(1) of the Zoning Ordinance for the Town of Fountain Hills shall be amended by deleting the following text: CHAPTER 5 GENERAL PROVISIONS 5.11 Land Disturbance Standards B. Grading Standards. 3. Grading of Individual Platted Lots. In all residential zoning districts the extent of disturbance on a lot shall be limited to either of the following: (Lots owned by utility companies which are regulated by the Arizona Corporation Commission are exempt from the lots disturbance limitations of this subsection). (a) On lots located in subdivisions where applications were made and accepted before October 19, 1996: (1) Four (4) 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 L. 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). Notwithstanding the above to less than 12,000 square feet of disturbance, unless limited by the size of the lot itself. Furthermore, if after computing the allowed area of disturbance the residual area of the lot or parcel is less than 6,000 square feet, then that residual may also be included in the allowable area of disturbance. A twenty (20) foot wide ban of primary driveway access is excluded from the land disturbance area limitations; or PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 21st day of November, 1996. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: L Jerol CMMayo..-- -14.. G444:4,‘, ,el I .L,mA,‘ r Cassie B. Hansen, Town Clerk REVIEWED BY: APPROVED AS TO FORM: p /1"L-1--- g/,vaer44: fa 2,,, Paul . Nordin, Town Manager William E. Farrell, Town Attorney L