HomeMy WebLinkAboutAGENDApacket__10-10-22_0147_398
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS PLANNING AND ZONING COMMISSION
Chairman Peter Gray
Vice Chairman Scott Schlossberg
Commissioner Patrick Depaah
Commissioner Clayton Corey
Commissioner Susan Dempster
Commissioner Dan Kovacevic
Commissioner Rick Watts, Jr.
TIME:6:00 P.M. – REGULAR MEETING
WHEN:MONDAY, OCTOBER 10, 2022
WHERE:FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s Council, various Commission, Committee or Board members may be in attendance at the Commission meeting.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings
of the Commission are audio and/or video recorded and, as a result, proceedings in which children are present may be subject
to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such
recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a
child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S.
§1-602.A.9 have been waived.
REQUEST TO COMMENT
The public is welcome to participate in Commission meetings.
TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of
the Council Chambers, and hand it to the Executive Assistant prior to discussion of that item, if
possible. Include the agenda item on which you wish to comment. Speakers will be allowed three
contiguous minutes to address the Commission. Verbal comments should be directed through the
Presiding Officer and not to individual Commissioners.
TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card,
indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda
item, and hand it to the Executive Assistant prior to discussion, if possible.
REGULAR MEETING
1.CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
2.ROLL CALL – Commissioner Kovacevic
3.CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01(H), 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 properly noticed for discussion and legal action. At the conclusion
of the Call to the Public, individual commissioners 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.
4.CONSIDERATION AND POSSIBLE ACTION: approving the regular meeting minutes of the
Planning and Zoning Commission September 12, 2022.
5.HOLD A PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Amending the Zoning
Ordinance, Chapter 2, Section 2.02, Special Use Permits, by repealing and replacing the
existing section.
6.REVIEW AND DISCUSS draft language for a Zoning Ordinance text amendment to provide for
drug and alcohol treatment centers and detoxification facilities.
7.COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.
8.SUMMARY OF COMMISSION REQUESTS from Development Services Director.
9.REPORT from Development Services Director.
10.ADJOURNMENT
CERTIFICATE OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed
by the Planning and Zoning Commission with the Town Clerk.
Dated this ______ day of ____________________, 2022.
_____________________________________________
Paula Woodward, Executive Assistant
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or
Planning and Zoning Commission Meeting of October 10, 2022 2 of 3
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or
1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain
agenda information in large print format. Supporting documentation and staff reports furnished the Commission with this agenda are
available for review in the Development Services' Office.
Planning and Zoning Commission Meeting of October 10, 2022 3 of 3
ITEM 4.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/10/2022 Meeting Type: Planning and Zoning Commission
Agenda Type: Submitting Department: Development Services
Prepared by: Paula Woodward, Executive Assistant
Staff Contact Information: Paula Woodward, Executive Assistant
Request to Planning and Zoning Commission (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: approving the regular meeting minutes of the Planning and Zoning Commission
September 12, 2022.
Staff Summary (Background)
The intent of approving meeting minutes is to ensure an accurate account of the discussion and action
that took place at the meeting for archival purposes. Approved minutes are placed on the Town's
website and maintained as permanent records in compliance with state law.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approving the meeting minutes of the regular meeting minutes of the Planning and
Zoning Commission September 12, 2022.
SUGGESTED MOTION
MOVE to approve the regular meeting minutes of the Planning and Zoning Commission September 12,
2022.
Attachments
PZ MM DRAFT 091222
D R A F T
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS PLANNING AND ZONING COMMISSION
SEPTEMBER 12, 2022
1.CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
Chairman Gray called the regular meeting of the Fountain Hills Planning and Zoning
Commission held September 12, 2022, to order at 6:03 p.m. and led the Commission
and the public in the Pledge of Allegiance and Moment of Silence.
2.ROLL CALL
Present: Chairman Peter Gray; Vice Chairman Scott Schlossberg; Commissioner
Clayton Corey; Commissioner Susan Dempster; Commissioner Dan
Kovacevic; Commissioner Rick Watts, Jr.; Commissioner Patrick Dapaah
Staff
Present:
Development Services Director John Wesley; Senior Planner Farhad
Tavassoli; Executive Assistant Angela Padgett-Espiritu
3.CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01(H), 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 properly noticed for discussion and legal
action. At the conclusion of the Call to the Public, individual commissioners 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.
Fountain Hills resident Jane Bell spoke.
4.CONSIDERATION AND POSSIBLE ACTION: approving the regular meeting minutes of
the Planning and Zoning Commission June 13, 2022.
MOVED BY Commissioner Susan Dempster, SECONDED BY Commissioner Clayton
Corey to APPROVE the Planning and Zoning Commission minutes of the regular meeting
of June 13, 2022.
Vote: 7 - 0 - Unanimously
5.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: REZONE property at
17205 E Shea Boulevard, approximately 1.43 acres, generally located approximately
1,400 feet southeast of the southeast corner of N. Saguaro Boulevard and E. Shea
Boulevard from C-1 – Neighborhood Commercial and Professional Zoning District to C-2
– Intermediate Commercial Zoning District.
Farhad Tavassoli presented the rezone request from C-1 to C-2 for a live gun firing
Farhad Tavassoli presented the rezone request from C-1 to C-2 for a live gun firing
range located at 1702 E Shea Blvd. He said this is an existing gun showroom business.
The applicant, SOT USA LLC, was present and available to answer questions from the
public, staff and the Commission. Chris Hart, from Action Target, explained the design
and engineering of the gun range installation. Mr. Tavassoli reported that staff
recommends denial for the rezone request from C-1 – Neighborhood Commercial and
Professional Zoning District to C-2 – Intermediate Commercial Zoning District. Mr.
Tavassoli stated that staff has concerns introducing C-2 in this location. A C-2 Zoning
District has the potential to negatively impact the area should the business owners cease
operations and the landowner agree to allow for 24-hour establishments. The potential
building's height would be up to forty feet. These conditions are not compatible adjacent
to a R1-43 zoning district.
Mr. Meyers, Fountain Hills resident, expressed concern regarding the rezone from C-1
to C-2 zoning district. He stated that he does support this business and likes that it is a
private gun club which restricts membership.
MOVED BY Commissioner Rick Watts, Jr., SECONDED BY Commissioner Dan
Kovacevic to CONTINUE the rezone request from C-1 zoning district to C-2 zoning district
for a live gun firing range at 1702 E Shea Blvd to the November 14, 2022 Planning and
Zoning Commission meeting, to consider and take possible action on a staff initiated text
amendment for C-1 zoning under a Special Use Permit.
Vote: 7 - 0 - Unanimously
6.REVIEW AND DISCUSS draft language for a Zoning Ordinance text amendment to
provide for drug and alcohol treatment centers and detoxification facilities.
Mr. Wesley explained that over a year ago the topic of detox facilities was brought to the
Town’s attention while addressing sober living home amendment. He said that
detoxification facilities are not specifically listed in the Zoning Ordinance. While
researching other municipalities’ procedures, it was discovered that most did not list
detox facilities in their zoning ordinances. Prescott and Gilbert treat them as other
medical uses and Mesa requires approval of a Council Use Permit in zoning districts.
Based on Commission discussions earlier this year, staff will provide a draft ordinance
for review and schedule a public input meeting for feedback. Mr. Wesley said that action
was not required by the Commission that evening.
The Commission provided feedback regarding Mr. Wesley’s PowerPoint Presentation.
Jane Bell, Fountain Hills resident, stated that the Town needs to take time making
decisions regarding a detox facility. She said she is in favor of the “26/40” for Fountain
Hills.
Liz Gildersleeve, Fountain Hills resident, said that she does not understand why the
Town even has to have detox facilities. It should not be easy to open a facility in Town
when there are so many available in adjacent communities. She suggested that the
Town review and adopt Paradise Valley’s regulations regarding detox facilities and
sober living homes.
Larry Meyers, Fountain Hills resident, said that the Fountain Hills businesses that would
be located near any such facility would not be happy. He explained his first-hand
experience with a facility located next to one of his businesses. He stated that the Town
should make it very difficult to have a facility located in Town.
Chairman Gray stated that the next meeting will include public input. He suggested that
staff review Paradise Valley’s approach or model.
Mr. Wesley said he would review Paradise Valley’s ordinance again and provide the
Commission with that information as well as the draft ordinance.
7.REVIEW AND DISCUSS possible amendments to Section 2.02, Special Use Permits, of
the Zoning Ordinance.
Mr. Wesley explained that Chapter Two of the Zoning Ordinance provides procedures
for rezoning, special use permits, temporary use permits, site plans, and variances. The
staff noted that there have been some challenges to the zoning ordinances. Making
updates to the existing ordinance will make it more readable and consistent. He said that
he would present a section of the Chapter Two a section at a time, starting with Chapter
2.02, Special Use Permits. Mr. Wesley provided details related specially to changes
requiring changes.
Discussion ensued relative to the suggested revisions to the Zoning Ordinance, Chapter
2.02, and Special Use Permit.
Mr. Wesley said that he would like to keep the revisions rapidly moving forward since the
SUP ties in with the detox facilities amendments. He asked that this item be included in
the November 14, 2022 meeting agenda.
Larry Meyers, Fountain Hills resident, suggested that when a Special Use Permit is
issued, shouldn’t an expiration date be included for construction timelines.
8.REVIEW AND DISCUSS possible amendments to the Zoning Ordinance, Chapter 7,
Parking and Loading Requirements.
Agenda item 8 was tabled.
9.COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.
Chairman Gray referenced Jane Bell’s comment regarding house bill 2389.
Mr. Wesley said that the ordinance relating to noise is outdated. Nosie is referenced
specifically in the town code.
10.SUMMARY OF COMMISSION REQUESTS from Development Services Director.
11.REPORT from Development Services Director.
None.
12.ADJOURNMENT
The Regular Meeting of the Fountain Hills Planning and Zoning Commission held
September 12, 2022, adjourned at 8:42 p.m.
PLANNING AND ZONING COMMISSION
____________________________
Peter Gray, Chairman
ATTEST AND PREPARED BY:
______________________________
Paula Woodward, Executive Assistant
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular
Meeting held by the Fountain Hills Planning and Zoning Commission in the Town Hall Council
Chambers on the 12th day of September, 2022. I further certify that the meeting was duly called and that
a quorum was present.
DATED this 29th day of September, 2022.
_________________________________
Paula Woodward, Executive Assistant
ITEM 5.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/10/2022 Meeting Type: Planning and Zoning Commission
Agenda Type: Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Planning and Zoning Commission (Agenda Language): HOLD A PUBLIC HEARING,
CONSIDERATION AND POSSIBLE ACTION: Amending the Zoning Ordinance, Chapter 2, Section 2.02,
Special Use Permits, by repealing and replacing the existing section.
Staff Summary (Background)
Chapter 2 of the Zoning Ordinance provides the procedures for rezoning, special use permits, temporary
use permits, site plans, appeals, and variances. Staff has found a need to update and modernize each of
these sections, to make them more readable and consistent, and to address some issues found within
each of the sections. Because this is a lot of material and because each section can stand alone, staff is
proposing to submit the changes to the Commission one section at a time.
Staff has looked at and prepared draft language for each section of Chapter 2 that needs to be updated.
This has been done to create a consistent structure in each chapter to ease use in the future and ensure
consistency in each section. Staff is starting the review with the Planning and Zoning Commission with
Section 2.02, Special Use Permits, because it is used more frequently than Section 2.01, Amendments or
Zoning Changes. The next section to be reviewed will be Section 2.04, Site Plans.
Special use permits are set up for each zoning district for uses which may or may not be compatible with
the zoning district depending on the setting. Special use permit requests are reviewed by the Planning
and Zoning Commission and approved by the Town Council following public input. Conditions can be
placed on the approval of a special use permit to address compatibility concerns. Staff believes
amendments are needed to this section to:
Provide consistency in requirements with other types of applications,
Update application requirements and procedures to current practice,
Clarify site plan requirements,
Clarify that the Permit is reviewed as a Public Hearing,
Clarify and improve notice requirements,
Add options to what can be required as part of approval of a Special Use Permit, and
Provide direction for modification of an approved Special Use Permit.
Staff held a preliminary review session regarding this proposed amendment at the September 12
Commission meeting. The draft ordinance has been revised based on the comments and suggestions
made by the Commissioners at that meeting. The changes made are highlighted in the discussion below.
A copy of the existing Section 2.02 and the revised draft Section 2.02 are attached for your review.
Because of the nature of the changes it became difficult to use a strike through version to see the
changes. The following is a description of the primary changes.
Purpose. (2.02 A in both the revised and existing ordinance). There are no changes to this section
Application (2.02 B in the revised ordinance, 2.02 C in the existing ordinance).
This section has been revised to reflect our change from paper applications to online
applications.
The revised ordinance contains more detail as to the information to be provided in a
project narrative.
The existing ordinance allows the Zoning Administrator to require a site plan. The revised
ordinance requires the site plan, but then allows for exceptions.
Requires submission of a "Good Neighbor Statement", as applicable. This is one of the
changes from the Commission discussion. This section now provides more description of
what should be in such a statement, but also leaves some flexibility based on the nature of
the application. For example, a request for a SUP to erect a golf ball net is very different
from an SUP for a drive-thru window. Under Section 2.02 F, Action, the Commission may
require modifications to the statement if they determine changes are needed to address
the specific situation.
The revised ordinance adds the requirement for submitting the Citizen Participation Plan
required by Section 2.08.
States the requirement to submit the names of property owners for notification.
Provides for the filing fee.
Note: The items listed in the existing section 2.02 B have been moved to Section 2.02 I to
keep the format with other sections.
Review (2.02 C in the revised ordinance, mostly new).
Establishes the need to determine a complete application before processing begins.
Establishes that staff will review, comment on, and require revisions until ready for hearing
and will then prepare a report with recommendations.
Includes general review criteria from current Sec. 2.02 D 1.
Gives staff a maximum of three months to review a complete application and place it on a
Commission agenda. This was added based on Commission comments to process
applications in a timely manner.
Establishes that the SUP shall be placed on the next available Council agenda at least 28
days following the Commission action. This addresses Commission discussion following
staff recommendation to remove the current 8-day requirement to get on a Town Council
agenda. This wording works with current processing timelines, addresses a long Council
summer break, but still gives the applicant and public an expectation as to when the
request will be on a Council agenda.
Notice (2.02 D in the revised ordinance, 2.02 D 2 in the existing ordinance).
Current ordinance requires site posting and mailed notice. Practice has also been to
publish notice so that has been added.
The revised ordinance includes all three forms of notice.
Revised ordinance includes the requirement for a minimum 15-day notice which has been
the practice.
Hearings (2.02 E in the revised ordinance, mostly new)
Provides an overview of the hearing process.
Describes who can appear, what information can be presented, and the ability for the
presiding officer to set time limits.
Allows for investigations by the decision body
Requires a written summary of the testimony and action.
Action (2.02 F in the revised ordinance, 2.02 D & E in the existing ordinance).
Mostly the same, just re-organized.
Based on Commission discussion, a requirement for a maximum 60-day continuance was
changed to 90-day and allows the applicant to request a longer continuance.
The Commission may require modification of the "Good Neighbor Statement" to be
submitted with the SUP.
Current ordinance requires the SUP to be heard by the Town Council at the next meeting at
least 8 days after the Commission recommendation. We often go to the second meeting
after the Commission meeting to have minutes done and to meet the processing
requirements for Council. This requirement has been omitted from the revised ordinance.
Time Limits (2.02G in revised ordinance, 2.02 F in existing ordinance)
In response to discussion at the Commission meeting, the following modifications were
made:
The basic time limit for a SUP was changed to require application for a building
permit within 6 months and receipt of a building permit within 1 year.
Unless a different time limit is set by Council in their approval, if a use requested
through a SUP is not begun within 18 months of Council approval, it terminates .
An applicant can request an extension.
Revocation (2.02 H in revised ordinance, 2.02 G in existing ordinance). No changes to this section.
General Regulations (2.02 I in the revised ordinance, 2.02 B in the existing ordinance). This was
moved to maintain a more consistent format with the other sections. No changes to this section.
Modifications and Amendments (2.02 J in revised ordinance).
This section is new, the current ordinance gives no direction on how to consider
modifications or amendments to an approved SUP
Defines minor and major modifications. Minor modifications can be approved
administratively, major modifications are processed like new applications.
Amendments are defined and are processed like new applications.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the revised Section 2.02.
SUGGESTED MOTION
MOVE to recommend approval of Ordinance 22-07.
Attachments
Existing Section 2.02
Draft Revised Ordinance
Section 2.02 Special Use Permits
A. Purpose: Every zoning district contains certain buildings, structures and uses of land which are normal and
complementary to permitted uses in the district, but which, by reason of their typical physical or operational
characteristics, influence on the traffic function of adjoining streets, or similar conditions, are often incompatible
with adjacent activities and uses. It is the intent of this ordinance to permit special uses in appropriate zoning
districts, but only in specific locations within such districts that can be designed and developed in a manner which
assures maximum compatibility with adjoining uses. It is the purpose of this section to establish principles and
procedures essential to proper guidance and control of such uses.
B. General Regulations:
1. Zoning district regulations established elsewhere in this ordinance specify that certain buildings,
structures and uses of land may be allowed by the Town Council as conditional uses in a given district subject
to the provisions of this section and to requirements set forth in district regulations. The Town Council is
empowered to grant and to deny applications for use permits and to impose reasonable conditions upon
them.
2. Any building, structure or use existing on the effective date of this ordinance which is reclassified as a
special use by this ordinance for the district in which it is located shall be considered as meeting the
conditions which would otherwise be imposed upon such use by this ordinance, and its continuance shall not
be subject to issuance of a special use permit; provided, however, to the extent that such use fails to conform
to the requirements of this ordinance, it shall be considered nonconforming as described in section 4.01, and
its continuance shall be governed by all nonconforming use regulations applicable thereto.
3. Every special use permit issued shall be applicable only to the specific use and to the specific property for
which it is issued. Upon completion and final inspection by the Zoning Administrator of any authorized
structures, signifying that all zoning and site development requirements imposed in connection with the
permit have been satisfied, the special use permit shall thereafter be transferable and shall run with the land,
whereupon the maintenance of special conditions imposed by the permit, as well as the compliance with
other provisions of this ordinance, shall become the responsibility of the property owner.
C. Special Use Permit Application:
1. Application for a use permit shall be filed with the Development Services Department on a form
prescribed by the Development Services Department. The application shall be forwarded to the Commission
by the Planning and Zoning Division, and when required by the Zoning Administrator, shall be accompanied
by a detailed site plan prepared in accordance with Section 2.04 showing all information necessary to
demonstrate that the proposed use will comply with all special conditions as well as other regulations and
requirements of this Zoning Ordinance. An applicant may furnish the Commission with any additional
information it may consider relevant to the case.
D. Commission Action and Findings:
2.02 Special Use Permits | Fountain Hills Zoning Ordinance Page 1 of 4
The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022.
1. It is the express intent of this ordinance that any use for which a special use permit is required shall be
permitted in the particular zoning district; provided, that all special conditions and requirements of this
ordinance are met. Therefore, the action of the Commission shall be one of recommending approval or denial
to the Town Council based upon its judgment as to whether the specified conditions have been or will be met.
The Commission shall consider not only the nature of the use and the special conditions influencing its
location in the particular district, but also the proposed location of buildings, parking and other facilities within
the site, the amount of traffic likely to be generated and how it will be accommodated, and the influence that
such factors are likely to exert on adjoining properties. The Commission may make such suggestions to the
Town Council concerning ways a proposed project may be acceptable and compatible to the area.
2. Notice of the nature of the special use permit application and the date of the meeting at which it will be
considered shall be posted on the property and shall be mailed to the owners of all real property within three
hundred (300) feet of the external boundaries of the property for which application is made. The applicant
shall be responsible for providing the names and addresses of these owners.
3. The Commission shall consider the application at the first regular meeting after the proper advertising
procedures and period have been completed. The Commission, at this regularly scheduled meeting, shall
either (1) make a recommendation to the Town Council, or continue the matter to a specified date (but not
longer than sixty (60) days from the date of the original hearing). Within sixty (60) days after the date of the
original hearing, the Commission shall render its decision in the form of a written recommendation to the
Council. The recommendation shall include the rationale for the recommendation. However, if the
Commission is not able to make a recommendation to the Council at the continued meeting and the applicant
does not consent to a further continuance, the matter shall be automatically forwarded to the Council with a
recommendation for denial.
4. It shall be the responsibility of the applicant to maintain the posting. The notice shall set forth the time
and place of the hearing and include a general explanation of the matter to be considered and a general
description of the area affected.
5. In order to recommend approval of any use permit, the findings of the Commission must be that the
establishment, maintenance, or operation of the use or building applied for will not be detrimental to the
public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood
of such proposed use, nor shall it be detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the Town.
6. The Commission may recommend to the Town Council such conditions in connection with the use permit
as it deems appropriate to secure the intent and purposes of this ordinance and may recommend such
guarantees and evidence that such conditions are being or will be followed.
7. If the Commission finds that the application and supporting data do not indicate that all applicable
conditions and requirements of this ordinance will be met, it may recommend denial of the special use
permit. The Commission recommendation shall be mailed to the applicant at the address shown on the
application.
2.02 Special Use Permits | Fountain Hills Zoning Ordinance Page 2 of 4
The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022.
8. Upon conclusion of the Commission's hearing, the Commission's recommendation shall be forwarded to
the Town Council along with the application materials, staff report, written comments from the public, and
minutes of the hearing.
E. Council Action and Findings:
1. When the Town Council receives a recommendation from the Planning and Zoning Commission
concerning a Special Use Permit application, it shall hear the request at the scheduled date and time specified
in accordance to the Arizona Open Meeting Law, but no later than the next regularly scheduled meeting held
at least eight (8) days after the Commission recommendation is received. The Council may adopt the
Commission's recommendation, approve the Special Use Permit request with the conditions it deems
appropriate, or deny the Special Use Permit.
2. The Council's decision shall be final and shall become effective immediately. Notice of the decision shall
forthwith be mailed to the applicant at the address shown in the application.
F. Time Limits:
1. The Council may establish a time limitation for special use permits. A building permit for the construction
of any improvements allowed by any special use permit issued by the Town Council shall be secured within six
(6) months from the date of approval. Any lapsing of the building permit prior to completion of the
improvements will cause the Special Use Permit to become null and void. Prior to the termination of this time
limit, the applicant may make a written request to the Town Council and the Council may reconsider said use
permit to determine if the permit should be reissued for an additional time period or be terminated. There
shall be no use permit fee for this extension request.
2. No person shall reapply for the same or substantially the same use permit on the same or substantially
the same plot, lot, or parcel of land within a period of one (1) year from the date of denial of said use permit.
G. Revocation:
1. Special use permits granted in accordance with the provisions of this ordinance may be revoked by the
Town Council, if any of the conditions or terms of the permit are violated or if any law or ordinance is violated
in connection therewith. The Zoning Administrator shall notify the permittee of a violation of a special use
permit, in writing. If the violation is not remedied or the remedy is not substantially begun in the opinion of
the Zoning Administrator within ten (10) days after notification, the owner/tenant should be notified that the
Town Council will consider revocation of the permit at its next meeting.
2. Any special use permit issued by the Town Council shall be considered null and void if construction does
not conform to the originally approved site plan. Any requests for deviations from the originally approved site
plan shall be processed as a new use permit.
H. Fee: The application for a special use permit shall be accompanied by a filing fee in an amount established by
a schedule adopted by resolution of the Council and filed in the office of the Town Clerk. No part of the filing fee
shall be refundable. Payment of the filing fee shall be waived when the petitioner is the Town, county, school
district, state or federal government.
2.02 Special Use Permits | Fountain Hills Zoning Ordinance Page 3 of 4
The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022.
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The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022.
Disclaimer: The town clerk’s office has the official version of the Fountain Hills Zoning Ordinance. Users should
contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above.
Town Website: www.fh.az.gov
Code Publishing Company
2.02 Special Use Permits | Fountain Hills Zoning Ordinance Page 4 of 4
The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022.
2.02 Special Use Permits
A. Purpose. Every zoning district contains certain buildings, structures and uses of land which are
normal and complementary to permitted uses in the district, but which, by reason of their
typical physical or operational characteristics, influence on the traffic function of adjoining
streets, or similar conditions, are often incompatible with adjacent activities and uses. It is the
intent of this ordinance to permit special uses in appropriate zoning districts, but only in specific
locations within such districts that can be designed and developed in a manner which assures
maximum compatibility with adjoining uses. It is the purpose of this section to establish
principles and procedures essential to proper guidance and control of such uses.
B. Application.
1. Complete Application. Applications for special use permits shall be filed with the
Development Services Department by an owner of real property within the area
proposed to the special use using the process established by the Director for such
applications. All such applications shall include the information required in this section.
2. Project Narrative. A written statement which includes:
a. A narrative describing the existing zoning, desired use of the property, and
reasons justifying the proposed special use permit.
b. A map showing the particular property or properties for which the special use
permit is requested and substantially the adjoining properties and the public
streets and ways within a radius of three hundred (300) feet of the exterior
boundaries thereof.
c. A true statement revealing any conditions or restrictions of record (if any) which
would affect the permitted uses of the property and the date or dates (if any) of
expiration thereof.
d. Such photographs, drawings, and other supporting documents (if any) as the
applicant may desire to present.
3. A detailed site plan prepared in accordance with Section 2.04 B. 3 showing all
information necessary to demonstrate that the proposed use will comply with all special
conditions as well as other regulations and requirements of this Zoning Ordinance.
a. For previously developed sites the Development Services Director may allow
deviations from the requirements of Section 2.04 B. 3 provided the submitted
site plan still provides the information needed by the Commission and Council
to consider the impacts of the proposed use.
b. The applicant may request to have consideration of a conceptual site plan as
part of the consideration of the special use permit. If the Development Services
Director approves submission of a conceptual site plan with the special use
permit, a final site plan in substantial conformance with the conceptual site plan
must be submitted and approved as required by Section 2.04 before submittal
of building construction plans.
4. A “Good Neighbor Statement” which provides, as applicable, the following:
a. The name and contact information of the property owner.
b. The name and contact information for the business.
c. A commitment to place emergency contact information on the property in a
location that is visible to the public.
RESOLUTION 2022-43
d. A statement regarding how potentially negative impacts of the proposed use
will be mitigated.
e. A statement regarding a process for conflict resolution.
f. A statement regarding steps that will be taken to integrate into the surrounding
neighborhood.
5. Citizen Participation Plan. A copy of the Citizen Participation Plan as required by Section
2.08
6. A list of names and addresses for all property owners within three hundred (300) feet of
the exterior boundaries of the property for which an application is made.
7. Filing Fee. Payment of a filing fee in an amount established by a schedule adopted by
resolution of the Council and filed in the offices of the Town Clerk. No part of the filing
fee shall be returnable. Payment of the filing fee shall be waived when the use permit is
initiated by the Council or the Commission or when the applicant is the Town, school
district, special purpose district, county, state or federal government.
C. Review.
1. Determination of Complete Application. Before initiating review, the Development
Services Director, or designee, shall review the submittal to determine if it is complete
and meets the requirements of this Section. Applicants will be notified of missing or
incomplete application items. Once an application has been determined to be complete
the applicant will be notified to pay the application fee. When the fee has been
received staff will begin review of the application.
2. Staff review. Staff will conduct review and analysis of the special use permit and will
seek additional information and clarification from the applicant as necessary to prepare
a report and recommendation to the Planning and Zoning Commission.
3. Review of a special use permit request will include any item specifically required by this
Ordinance for a given special use permit plus the following:
a. The nature of the use and the special conditions influencing its location in the
particular district;
b. The proposed location of buildings, parking and other facilities within the site;
c. The amount of traffic likely to be generated and how it will be accommodated;
and,
d. The influence that such factors are likely to exert on adjoining properties.
4. Following notice requirements, the special use permit will be scheduled for public
hearings by the Planning and Zoning Commission and Town Council. Unless the
applicant requests a delay in writing, staff shall place the request on a Planning Zoning
Commission meeting within three months of receiving a complete application. After
public hearing, the Planning and Zoning Commission will make a recommendation to the
Town Council. The request will be placed on the next available Council agenda at least
28 days after the Planning and Zoning Commission action.
D. Notice. Prior to holding a public hearing, notice of the time and place of the hearing including a
general explanation of the matter to be considered and including a general description of the
area affected shall be given at least fifteen (15) days before the hearing in the following manner:
1. Notice shall be published at least once in a newspaper of general circulation published
or circulated in Fountain Hills.
RESOLUTION 2022-43
2. One or more notices as required by the Development Services Director shall be posted
on the property. It shall be the responsibility of the applicant to erect and maintain the
posting.
3. Notice shall be sent by first class mail to each real property owner, as shown on the
current records of the County Assessor, within three hundred (300) feet of the external
boundaries of the property which for which application is made.
E. Hearings
1. The Development Services Director shall fix a reasonable time for the hearing of the
proposed special use permit and shall give notice in accordance with the Public Notice
Requirements Deadline in Section 2.02 D. of this Ordinance.
2. Any person may appear at a public hearing and submit oral or written evidence, either
individually or as a representative of a person or an organization. Each person who
appears at a public hearing shall be identified, state their name and town, and, if
appearing on behalf of a person or organization, state the name and town of the person
or organization being represented. The presiding officer may establish time limits for
individual testimony and may require that individuals with shared concerns select one
or more spokespersons to present testimony on behalf of those individuals.
3. The body conducting the hearing may cause such investigations to be made as it deems
necessary and in the public interest on any matter to be heard by it. Such investigation
may be made by a committee of one or more members of the body conducting the
hearing or by members of its staff or its agents or employees. The facts established by
such investigation shall be submitted to the body conducting the hearing either in
writing, to be filed with the records of the matter, or in testimony before the body, and
may be considered by the body in making its decision.
4. The body conducting the hearing shall cause a written summary of all pertinent
testimony heard at such public hearing, together with a record of the names and
addresses of all persons testifying, to be prepared and filed with the papers relating to
such matter.
F. Action. It is the express intent of this ordinance that any use for which a special use permit is
required shall be permitted in the particular zoning district; provided, that all special conditions
and requirements of this ordinance are met.
1. Planning and Zoning Commission. The Planning and Zoning Commission:
a. May recommend approval, approval with conditions, or denial, or may continue
a proposed amendment.
b. May for any reason, when it deems such action necessary or desirable, continue
such hearing to a time and certain place. However, if the Commission is not able
to make a recommendation to the Council at the continued meeting and the
applicant does not consent to a further continuance, the matter shall be
automatically forwarded to the Council with a recommendation for denial.
c. Shall, unless waived by the applicant, within ninety – (90) days after the date of
the original hearing, the Commission shall render its decision in the form of a
written recommendation to the Council.
d. In order to recommend approval of any use permit, the findings of the
Commission must be that the establishment, maintenance, or operation of the
use or building applied for will not be detrimental to the public health, safety,
RESOLUTION 2022-43
peace, comfort, and general welfare of persons residing or working in the
neighborhood of such proposed use, nor shall it be detrimental or injurious to
property and improvements in the neighborhood or to the general welfare of
the Town.
e. The Commission may make such recommendations to the Town Council
concerning ways a proposed project may be acceptable and compatible to the
area which may include:
i. Modifications to the “Good Neighbor Statement”.
ii. Additional landscaping, setbacks, or other similar measures to mitigate
the impact of the proposed use.
iii. Adjustments to the location of proposed uses or activities on the site.
f. Shall include the rationale for its recommendation.
2. Town Council.
a. Town Council may approve, approve with conditions, deny, or continue a
proposed amendment.
b. The action of the Council shall be final and become effective immediately.
G. Time Limits.
1. The Council may establish a time limitation for special use permits. An application for a
building permit for the construction of any improvements allowed by any special use
permit issued by the Town Council shall be submitted within six (6) months from the
date of approval and secured within one (1) year. Any lapsing of the building permit
prior to completion of the improvements will cause the special use permit to become
null and void.
2. Unless otherwise stipulated by Council approval, if the use(s) approved through the
special use permit are not established within eighteen (18) months from the date of
Council approval, the special use permit shall become null and void.
3. Prior to the termination of an approved special use permit, the applicant may make a
written request to the Town Council and the Council may reconsider said use permit to
determine if the permit should be reissued for an additional time period or be
terminated. There shall be no use permit fee for this extension request.
4. No person shall reapply for the same or substantially the same use permit on the same
or substantially the same plot, lot, or parcel of land within a period of one (1) year from
the date of denial of said use permit.
H. Revocation.
1. Special use permits granted in accordance with the provisions of this ordinance may be
revoked by the Town Council, if any of the conditions or terms of the permit are violated
or if any law or ordinance is violated in connection therewith. The Zoning Administrator
shall notify the permittee of a violation of a special use permit, in writing. If the violation
is not remedied or the remedy is not substantially begun in the opinion of the Zoning
Administrator within ten (10) days after notification, the owner/tenant shall be notified
that the Town Council will consider revocation of the permit at its next meeting.
2. Any special use permit issued by the Town Council shall be considered null and void if
construction does not conform to the originally approved site plan. Any requests for
deviations from the originally approved site plan shall be processed as a new use
permit.
RESOLUTION 2022-43
I. General Regulations:
1. Zoning district regulations established elsewhere in this ordinance specify that certain
buildings, structures and uses of land may be allowed by the Town Council as special
uses in a given district subject to the provisions of this section and to requirements set
forth in district regulations. The Town Council is empowered to grant and to deny
applications for use permits and to impose reasonable conditions upon them.
2. Any building, structure or use existing on the effective date of this ordinance which is
reclassified as a special use by this ordinance for the district in which it is located shall
be considered as meeting the conditions which would otherwise be imposed upon such
use by this ordinance, and its continuance shall not be subject to issuance of a special
use permit; provided, however, to the extent that such use fails to conform to the
requirements of this ordinance, it shall be considered nonconforming as described in
section 4.01, and its continuance shall be governed by all nonconforming use
regulations applicable thereto.
3. Every special use permit issued shall be applicable only to the specific use and to the
specific property for which it is issued. Upon completion and final inspection by the
Zoning Administrator of any authorized structures, signifying that all zoning and site
development requirements imposed in connection with the permit have been satisfied,
the special use permit shall thereafter be transferable and shall run with the land,
whereupon the maintenance of special conditions imposed by the permit, as well as the
compliance with other provisions of this ordinance, shall become the responsibility of
the property owner.
J. Modifications and Amendments. Following approval of a special use permit modifications and
amendment can be considered as follows:
1. Modifications. Modifications are changes to the nature of the site or approved use and
can be minor or major as described below. Minor modifications can be considered and
approved administratively by the Development Services Director. Major modifications
require review and consideration the same as described in this section for new
applications.
a. A modification is considered minor if it does not materially alter the approved
plan or other approval, will not intensify any potentially detrimental effects of
the project and is consistent with the original findings and all conditions of
approval.
b. A modification is considered major if it changes, eliminates or affects a
condition of approval (whether adopted by resolution, ordinance or otherwise)
such as a change to a discretionary permit, approved plan, or building plan or
materially alters a previous approval or plan. Additionally, any modification not
determined minor by the Development Services Director is a major
modification.
2. Amendments. Amendments are changes to the use(s) approved through the special use
permit. Amendments require review and consideration the same as described in this
section for new applications.
ITEM 6.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/10/2022 Meeting Type: Planning and Zoning Commission
Agenda Type: Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Planning and Zoning Commission (Agenda Language): REVIEW AND DISCUSS draft
language for a Zoning Ordinance text amendment to provide for drug and alcohol treatment centers
and detoxification facilities.
Staff Summary (Background)
October Meeting Update
The Commission and public received a copy of the draft ordinance at the Commission's September 2022
meeting. The next step in the process of drafting this ordinance is to receive public comment at the
October Commission meeting. The Commissioners provided some input at their last meeting. Staff
made note of those comments, but is waiting for further input and direction from the Commission based
on the October meeting to make any changes.
Two of the comments received at the October meeting had to do with separation distances. The
Commission wanted to see the impact of having separation requirements from schools, day cares, and
parks. Staff added churches and libraries to the list and created a map with a 1,000' separation for
Commission review and comment. These separations did not significantly alter what was already
provided with the 500' separation from residential zoned areas. The Commission also asked to have the
500' separation from residential zoning also applied to residential uses. A map showing that impact is
also attached. This change did significantly reduce the area available for these uses at the intersection
of Keith McMahan and Avenue of the Fountains.
Other comments and suggestions from the Commission at the September meeting included:
Alter the wording regarding indoor vs. outdoor waiting to further limit outdoor waiting
Add the word Addiction to the title of treatment centers
Consider the 30-90 use period for treatment centers with lodging
Require a sign to be posted on the properties with a contact person name and phone number
Obtain contact information for the property owner if different from the business owner
Consider ways to address outdoor smoking impacts
Following is the report outlining the draft ordinance that was provided to the Commission for their
September meeting.
September Report
The Commission began discussion of this text amendment at their March 2022 meeting and followed
up with further discussion at their May 2022 meeting. The discussions by the Commission and citizens
have provided input and direction to staff in the drafting of an ordinance for further review and
discussion.
One of the points of discussion at the May meeting was the impact of doing nothing. These uses are
not currently specifically listed in the zoning ordinance but must be allowed if someone wanted to
establish one of these uses. If a person wanted to start one of these uses, they would need to ask the
Zoning Administrator to make a determination as to which zoning district the use would appropriately
fall into. In making that determination, the Zoning Administrator would not be able to also put
conditions or requirements on the use. By acting proactively and taking the time to specifically
consider these uses and their potential impacts, the Town can place them in the appropriate zoning
district(s) and also place any necessary processes and requirements on them to help ensure their
compatibility.
At the May meeting the Commission asked that staff go ahead and take the comments which had
been received and put it into an ordinance for the Commission and citizens. This will give everyone a
starting place to consider for finalizing an ordinance to send to the Council. The thought at the May
meeting was that staff would make this first draft of possible ordinance language available then the
Commission would follow up with a public input session to gather further input on the draft language.
After receiving that input, an amended ordinance would be prepared and a public hearing scheduled for
Commission consideration.
Attached is the first draft ordinance staff has prepared based on the input received thus far. The point of
this agenda item is to make this draft ordinance available to the Commission and public. Beyond a
basic introduction and overview of the draft ordinance, no action is anticipated at this time. Based on
the direction provided by the Commission, substantive discussion will take place following the public
input session.
The attached draft ordinance to start public discussion includes:
Definitions for detoxification facility, outpatient; detoxification facility, inpatient; substance abuse
treatment center; and, substance abuse treatment center, lodging.
Lists substance abuse treatment center as a use by right in C-2 and C-3
Lists detoxification center, outpatient as a use in the C-2 district with approval of a SUP and
subject to several conditions
Lists detoxification center, outpatient and detoxification center, inpatient as uses in the C-3
district with approval of a SUP and subject to several conditions
Lists substance abuse treatment center, lodging as a use in the C-3 district with approval of a SUP
and subject to several conditions.
The ordinance also makes the change in language changing group homes to community
residences that was overlooked in the advertisement for the previous change.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
N/A
SUGGESTED MOTION
The purpose of this agenda item is to provide the public with the opportunity to comment on the draft
ordinance. No action will be taken.
Attachments
Draft ordinance
500 foot boundary map
1000' Separation Map
ORDINANCE NO. 22-02
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE
TOWN OF FOUNTAIN HILLS ZONING ORDINANCE,
CHAPTER 1, INTRODUCTION, SECTION 1.12,
DEFINITIONS, AMENDING THE DEFINITIONS OF
TREATMENT CENTER; AMENDING CHAPTER 12,
COMMERCIAL ZONING DISTRICTS, SECTION 12.03 C. TO
UPDATE THE LANGUAGE FROM GROUP HOME TO
COMMUNITY RESIDENCE; AMENDING CHAPTER 12,
COMMERCIAL ZONING DISTRICTS, SECTION 12.05,
USES SUBJECT TO SPECIAL USE PERMITS IN C-2
ZONING DISTRICTS BY ADDING NEW SECTIONS O AND
P REGARDING DETOXIFICATION FACILITIES AND
TREATMENT CENTERS; AMENDING CHAPTER 12,
COMMERCIAL ZONING DISTRICTS, SECTION 12.06,
USES SUBJECT TO SPECIAL USE PERMITS IN C-3
ZONING DISTRICTS ONLY BY ADDING NEW SECTIONS
F, G, H, AND I REGARDING DETOXIFICATION FACILITIES
AND TREATMENT CENTERS; AND, AMENDING
CHAPTER 18, TOWN CENTER COMMERCIAL ZONING
DISTRICTS, SECTION 18.05 B. TO UPDATE THE
LANGUAGE FROM GROUP HOME TO COMMUNITY
RESIDENCE
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 Chapter 1, Introduction, Section 1.12,
Definitions, and Chapter 12, Commercial Zoning Districts, Sections 12.05 and 12.06 to
provide for detoxification facilities and drug and alcohol treatment centers; and
WHEREAS, the C-2 and C-3 zoning districts have the primary purposes of providing for
the sale of commodities, provision of services, and wholesale and distribution; and
WHEREAS, the Town wants to ensure uses in commercial areas are focused on
businesses that provide for the sale of goods and services to the community, especially
those that provide jobs and generate revenues for the Town; and
WHEREAS, the uses included in this ordinance are appropriate in commercial areas but
should be limited to maintain the primary purpose of these districts; 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 ???? editions
of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on ?????, 2022, and by the Town Council on ????, 2022.
WHEREAS, in accordance with Article II, Sections 1 and 2, Constitution of Arizona, and
the laws of the State of Arizona, the Town Council has considered the individual property
rights and personal liberties of the residents of the Town and the probable impact of the
proposed ordinance on the cost to construct housing for sale or rent before adopting this
ordinance.
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 1, Introduction, Section 1.12,
Definitions, is hereby amended as follows:
…
DETOXIFICATION FACILITY, OUTPATIENT: FACILITIES PROVIDING
OUTPATIENT DRUG OR ALCOHOL DETOXIFICATION SERVICES WITH OR
WITHOUT TRAINING, EDUCATION, OR TREATMENT SERVICES AT THE
SAME LOCATION.
DETOXIFICATION FACILITY, INPATIENT: FACILITIES PROVIDING
INPATIENT DRUG OR ALCOHOL DETOXIFICATION SERVICES.
…
SUBSTANCE ABUSE Treatment Center: Facilities providing lodging and meals
and, primarily, treatment, training or education as a part of an alcoholism or drug
addiction program WITHOUT ON-SITE DETOXIFICATION, LODGING, OR
MEALS.
SUBSTANCE ABUSE TREATMENT CENTER, LODGING: FACILITIES
PROVIDING TREATMENT, TRAINING, OR EDUCATION AS PART OF AN
ALCOHOLISM OR DRUG ADDICTION PROGRAM. MAY INCLUDE
PROVIDING DETOXIFICATION SERVICES IN CONJUNCTION WITH THE
TREATMENT AND MY INCLUDE PROVISIONS WHERE CLIENTS CAN LODGE
AT THE FACILITY AND RECEIVE MEALS, TYPICALLY FOR A PERIOD OF 30
DAYS TO 90 DAYS.
…
SECTION 3. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts,
Section 12.02 C. Additional Uses Permitted in C-2 and C-3 Zoning Districts, is hereby
amended as follows:
26. SUBSTANCE ABUSE TREATMENT CENTER
SECTION 4. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts,
Section 12.03, Uses Subject to Special Use Permits in C-1, C-C, C-2, and C-3 Zoning
Districts, is hereby amended as follows:
C. Group Homes for the Handicapped and Elderly PeopleCOMMUNITY
RESIDENCES SUBJECT TO THE REQUIREMENTS IN SECTION 5.13,
Nursing Home, Homes for the Aged, Convalescent Home.
SECTION 5. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts,
Section 12.05, Uses Subject to Special Use Permits in C-2 Zoning Districts, is hereby
amended as follows:
…
O. DETOXIFICATION CENTER, OUTPATIENT. IN ADDITION TO THE
REQUIREMENTS IN SECTION 2.02 FOR CONSIDERATION OF A SPECIAL USE
PERMIT, APPLICANTS SHALL PROVIDE
1. COPY OF LICENSE OR CERTIFICATION BY THE STATE OF ARIZONA
DEPARTMENT OF HEALTH SERVICES.
2. SUFFICIENT INDOOR ACTIVITY AND WAITING SPACE TO LIMIT
OUTDOOR WAITING.
3. CONTACT INFORMATION AND PROCESS FOR RESOLUTION OF
COMPLAINTS.
4. MUST BE LOCATED AT LEAST THE FOLLOWING DISTANCES FROM
THE LISTED USES:
A. 2,000 FEET FROM ANY OTHER DETOXIFICATION CENTER,
SUBSTANCE ABUSE TREATMENT CENTER, OR TRANSITIONAL
COMMUNITY RESIDENCE
B. 500 FROM ANY RESIDENTIAL ZONING DISTRICT INCLUDING
PLANNED AREA DEVELOPMENTS WITH A RESIDENTIAL
PRIMARY USE.
SECTION 5. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts,
Section 12.06, Uses Subject to Special Use Permits in C-3 Zoning Districts Only, is
hereby amended as follows:
F. DETOXIFICATION CENTER, OUTPATIENT AND INPATIENT. IN ADDITION
TO THE REQUIREMENTS IN SECTION 2.02 FOR CONSIDERATION OF A SPECIAL
USE PERMIT, APPLICANTS SHALL PROVIDE:
1. COPY OF LICENSE OR CERTIFICATION BY THE STATE OF ARIZONA
DEPARTMENT OF HEALTH SERVICES.
2. SUFFICIENT INDOOR ACTIVITY AND WAITING SPACE TO LIMIT
OUTDOOR WAITING.
3. CONTACT INFORMATION AND PROCESS FOR RESOLUTION OF
COMPLAINTS.
4. MUST BE LOCATED AT LEAST THE FOLLOWING DISTANCES FROM
THE LISTED USES:
A. 2,000 FEET FROM ANY OTHER DETOXIFICATION CENTER,
SUBSTANCE ABUSE TREATMENT CENTER, OR TRANSITIONAL
COMMUNITY RESIDENCE
B. 500 FROM ANY RESIDENTIAL ZONING DISTRICT INCLUDING
PLANNED AREA DEVELOPMENTS WITH A RESIDENTIAL
I. SUBSTANCE ABUSE TREATMENT CENTER, LODGING. IN ADDITION TO
THE REQUIREMENTS IN SECTION 2.02 FOR CONSIDERATION OF A SPECIAL USE
PERMIT, APPLICANT SHALL PROVIDE:
1. COPY OF LICENSE OR CERTIFICATION BY THE STATE OF ARIZONA
DEPARTMENT OF HEALTH SERVICES.
2. SUFFICIENT INDOOR ACTIVITY AND WAITING SPACE TO LIMIT
OUTDOOR WAITING.
3. CONTACT INFORMATION AND PROCESS FOR RESOLUTION OF
COMPLAINTS.
4. MUST BE LOCATED AT LEAST THE FOLLOWING DISTANCES FROM
THE LISTED USES:
A. 2,000 FEET FROM ANY OTHER DETOXIFICATION CENTER,
SUBSTANCE ABUSE TREATMENT CENTER, OR TRANSITIONAL
COMMUNITY RESIDENCE
B. 500 FROM ANY RESIDENTIAL ZONING DISTRICT INCLUDING
PLANNED AREA DEVELOPMENTS WITH A RESIDENTIAL
SECTION 6. The Zoning Ordinance, Chapter 18, Town Center Commercial Zoning
Districts, Section 18.05, Uses Subject to Special Use Permits, is hereby amended as
follows:
B. Group Homes for the Handicapped and Elderly PeopleCOMMUNITY
RESIDENCES SUBJECT TO THE REQUIREMENTS IN SECTION 5.13,
Nursing Home, Homes for the Aged, Convalescent Home.
SECTION 7. 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.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, this ___ day of ___ 2022.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
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EXHIBIT MAP
LEGEND:
C-2 and C-3 Zoning
Residential Zoning
Vacant ParcelV
500 feet
Other Zoning
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EXHIBIT MAP
LEGEND:
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