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HomeMy WebLinkAboutOrd 2020-09 ORDINANCE NO. 20-09 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 19, ARCHITECTURAL REVIEW GUIDELINES, SECTION 19.05 I, PUBLIC ART REQUIREMENT, BY AMENDING THE PUBLIC ART FEE PROVISIONS TO CONFORM TO THE TOWN OF FOUNTAIN HILLS PUBLIC ART MASTER PLAN RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills (the "Zoning Ordinance"); and WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter 19, Architectural Review Guidelines, by amending Section to 19.05 I, Public Art Requirement, to reference the Council adopted "Percent for Public Art Requirement for Development" as set forth in the Town of Fountain Hills Public Art Master Plan; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIz. REV. STAT. § 9- 462.04, public hearings regarding this ordinance were advertised in the April 22, 2020 and April 29, 2020 editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on May 11, 2020 and by the Town Council on June 16, 2020. ENACTMENTS: 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 Zoning Ordinance, Chapter 19, (Architectural Review Guidelines), Section 19.05 I, Public Art Requirement is amended as follows: 1. All development proposals subject to Design Review under this Chapter shall be required to COMPLY WITH THE "PERCENT FOR PUBLIC ART REQUIREMENT FOR DEVELOPMENT," AS SET FORTH IN THE TOWN OF FOUNTAIN HILLS PUBLIC ART MASTER PLAN, ADOPTED 3 MARCH, 2020 AND AS MAY BE THEREAFTER AMENDED, provide one of the following prior to the issuance of a Certificate of Occupancy. a. Exterior public art of an appraised or invoiced value equal to or greater than 1°10 of features-using recycled water are preferred; or ORDINANCE 20-09 PAGE 2 • • than 1°1° of the cost of building constructs 2. The value of construction costs will be determined by the Town using standard valuation 3. Applicants are encouraged to meet with the Fountain Hills Cultural Council for SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be 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 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 16th day of June, 2020. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: t.,,,,,c 0 04,..„ Ginny Dick Mayor Elizabeth A. ke, Town Cler REVIEWED BY: APPROVED AS TO FORM: 41)A4c.....,Al2. .V<A),(4...,t ... " .Z__/ - Grady E. Mi r, wn Manager Aaron D. Arnson, Town Attorney