HomeMy WebLinkAboutOrd 2008-01 ORDINANCE NO. 08-01
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 18, TOWN CENTER
COMMERCIAL ZONING DISTRICT.
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
18, Town Center Commercial Zoning District, to provide guidance and requirements for such
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 December 19, 2007
and December 26, 2007 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning
Commission on January 10, 2008, and by the Town Council on January 17, 2008.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the Zoning Ordinance, Chapter 18, Town Center Commercial Zoning
District, Section 18.03, Permitted Uses, is hereby amended as follows:
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 entertainment BUSINESSES.
5. Barbershops.
6. Bookstores, other than adult bookstores BUSINESSES.
7. Blueprint, photostatic and reproduction (copy) services.
8. Catering establishments not utilizing any manufacturing process or outside
storage of materials or vehicles.
9. Child care centers.
10. Conservatories or studios: Visual arts, dancing or music. Includes the
creation, display and sale.
796490.3
11. Dry-cleaners.
12. Dry-goods and notions.
13. Florists (retail).
14. Food Stores.
15. Furniture stores: New, used, finished or unfinished; No manufacturing.
16. Health spas and public gyms.
17. Hotels and Motels, EXCEPT FOR ADULT BUSINESSES.
18. Gift Shops.
19. INDOOR RECREATIONAL FACILITIES.
20. Insurance agencies.
21. Laboratories, medical or dental.
22. Metal and ornamental iron shops. Any production/storage areas shall be
enclosed within a building.
23. Outdoor seating areas for restaurants, delicatessens, cafes or bars with or
without alcoholic beverage service, subject to the regulations of this Chapter.
24. Parking lots and public garages, subject to parking standards in Chapter 7.
25. Pharmacies.
26. Photo shops.
27. Photo studios.
28. Printing, lithography and publishing establishments.
29. Public or Private schools for academic instruction.
30. Public or Private schools for vocational education.
31. Radio and television broadcasting stations and studios, but not including
transmitter towers and stations.
32. Restaurants, delicatessens and cafes (including the sale of alcoholic beverages
-On premise consumption only).
33. Retail stores.
34. Theaters, but not including a drive-in theater or adult oriented facilities as
BUSINESSES.
35. Variety stores.
36. Wearing apparel stores.
37. Accessory buildings and uses customarily incidental to the above.
C. MULTI-FAMILY RESIDENTIAL USES ARE PERMITTED AS PART OF A
MIXED-USE DEVELOPMENT ACCORDING TO THE FOLLOWING
GENERAL GUIDELINES:
1. MIXED-USE WITH MULTI-FAMILY RESIDENTIAL DWELLINGS IN
PROJECTS THAT ARE FIVE (5) ACRES OR LARGER IN SIZE. MIXED-
USE DEVELOPMENTS SHALL CONFORM TO THE ADDITIONAL
PROVISIONS OF SECTION 12.03(F) OF THIS ORDINANCE UNLESS
THOSE REGULATIONS DIFFER FROM THE REGULATIONS
CONTAINED IN THIS CHAPTER, IN WHICH CASE THE
REGULATIONS OF THIS CHAPTER SHALL CONTROL.
Lev
796490.3
2
2. A BUILDING MAY BE EXCLUSIVELY USED FOR MULTI-FAMILY
PURPOSES; PROVIDED, HOWEVER, THAT ANY BUILDING USED
EXCLUSIVELY FOR MULTIFAMILY PURPOSES SHALL NOT FRONT
ON OR BE WITHIN FIFTY (50) FEET OF EDGE OF THE ADJACENT
RIGHT-OF-WAY LINE FOR THE AVENUE OF THE FOUNTAINS,
SAGUARO BOULEVARD, EL LAGO BOULEVARD, PARKVIEW
AVENUE, VERDE RIVER DRIVE, LA MONTANA DRIVE OR
PALISADES BOULEVARD.
3. EXCEPT FOR THOSE MULTIFAMILY BUILDINGS MEETING THE
RESTRICTIONS SET FORTH IN SUBSECTION 18.03(C)(2) ABOVE,
ONLY COMMERCIAL RETAIL USES SHALL BE PERMUTED ON THE
FIRST OR GROUND FLOOR OF A MIXED-USE PROJECT (SEE
ILLUSTRATION 1). THIS RESTRICTION DOES NOT APPLY TO
PARKING OR OTHER AMENITIES SUCH AS POOLS OR OTHER
SIMILAR FACILITIES.
4. NOT LESS THAN 20% OF ALL UPPER STORY EXTERIOR WALL
PLANES MUST BE OFFSET FROM THE FIRST FLOOR WALL PLANE.
ALL UPPER STORY EXTERIOR WALL PLANES THAT ARE NOT
OFFSET FROM THE FIRST FLOOR WALL PLANE MAY ONLY BE IN
SECTIONS WITH A MAXIMUM LENGTH OF TEN (10) FEET.
5. MIXED-USE PROJECTS MUST CONTAIN LESS THAN 50% MULTI-
FAMILY�r' RESIDENTIAL GROSS FLOOR AREA WITH A MAXIMUM
DENSITY THAT CONFORMS TO THE "R-3" ZONING DISTRICT
DENSITY REGULATIONS.
6. PARKING FOR ANY MULTI-FAMILY RESIDENTIAL USES SHALL BE
PROVIDED ON-SITE.
LLJ LE 2nd or 3rd Floor
Residential or
Commercial
F -�-I
41
I f 1 1st Floor 100%
Commercial Retail
Il
ILLUSTRATION # 1
L
796490.3
3
D. The following public and quasi-public uses.
1. Open space malls and pedestrian corridors.
2. Churches.
3. Libraries, museums, parks, playgrounds, and community buildings.
4. Publicly or privately owned or operated fire stations, and publicly owned or
operated police stations and post offices.
5. Utility Services, but not including offices, waste water treatment plants,
generating plants, and wireless communication towers and antennas, unless
otherwise specifically permitted elsewhere in the ordinance.
6. Accessory buildings and uses customarily incidental to the above.
B l F h 1 rho Co :t. De elo e t D cto :ll
render decisions on additional uses with appeal to the Town Council.
SECTION 2. That the Zoning Ordinance, Chapter 18, Town Center Commercial Zoning
District, Section 18.05, Uses Subject to Special Use Permits, is hereby amended as follows:
Section 18.05 Uses Subject to Special Use Permits.
A. Liquor stores.
B. Group Homes for Handicapped and Elderly People, Nursing Homes, Homes for
the Aged, Convalescent Homes, and Assisted Care Facilities.
C. Multi family residential dwellings. Residential developments shall conform to
"M 3" Zoning District regulations unless those regulations differ from the
1 a the e ..l..tio s of this
Chapter shall control.
D. Operation of commercial or professional activities between eleven p.m. and seven
a7
E. Time Share Resorts.
1: Drive-in window facilities for banks and dry cleaners only.
SECTION 3. That the Zoning Ordinance, Chapter 18, Town Center Commercial Zoning
District, Section 18.06, Prohibited Uses, is hereby deleted in its entirety.
Loy
796490.3
4
SECTION 4. That the Zoning Ordinance, Chapter 18, Town Center Commercial Zoning
District, Section 18.07, Additional Regulations, is hereby renumbered as Section 18.06,
Additional Regulations, and amended as follows:
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 timeshare 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 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 Area Commercial District shall be
submitted and approved by the Town Council IN ACCORDANCE WITH
CHAPTER 6 OF THIS ORDINANCE. All signage shall conform to that 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.
H. When a non-residential use abuts a residential or timeshare use, a thirty (30) foot
landscaped buffer shall be provided on the residential otee site for the full
distance where the two properties abut. Dedicated pedestrian walkways or malls that are
at least thirty (30) feet wide may serve as this buffer.
L
796490.3
5
I. Mechanical equipment must be located or screened to limit sound transfer to nearby
residential or timeshare property.
J. Noise producing mechanical equipment must be located at least twenty (20) feet from
any common property line with a residential Or-timeshare use.
K. Fences and/or extraordinary landscaping shall be developed and maintained along the
property lines of residential or time share uses to prevent the intrusion of unwanted light,
dust or blowing debris.
L. Any fences or walls abutting any dedicated open area mall or pedestrian access parcel
shall be limited to 3.5 feet in height. Except within required front or street side-yard
setbacks, wrought iron vertical extensions may be placed on top of these low walls to a
maximum height of five(5)feet.
M. Prior to the issuance of any building permit, a Master Landscaping and Lighting Plan
shall be submitted and administratively approved by the Town Planning & Zoning
Director for DEVELOPMENT WITHIN the Town Center Area COMMERCIAL
DISTRICT. Prior to the issuance of any building permit, a landscape and lighting plan,
prepared and stamped by an Arizona-registered landscape architect, shall be submitted
and approved as a part of the building permit application. Individual landscape and
lighting plans shall be in conformance with the APPROVED Master Landscape and
Lighting Plan.
N. Prior to the issuance of any building permit, a Master Design and Architectural Plan
(MDAP) shall be submitted and approved by the Town Council PLANNING&ZONING
COMMISSION for ANY DEVELOPMENT WITHIN the Town Center Area AS
OUTLINED IN CHAPTER 19 OF THIS ORDINANCE. The MDAP shall consist of
language, exhibits and colored typical elevations that will set forth the required
District. Prior to the issuance of any building permit, such plans shall be in conformance
with the APPROVED MDAP.
O. Openings in buildings and activity centers on sites shall be located to minimize
interference with abutting residential or time share uses.
P. Drainage from buildings and parking lot areas shall be detained on-site and/or shall be
directed only into a drainage system approved by the Town Engineer.
Q. Loading and delivery entrances shall be located away from the interface with abutting
residential or time share uses and abutting open space malls or dedicated pedestrian
access parcels.
R. All business activity (except required on-site parking, and off-street loading and
unloading spaces) shall be within a completely enclosed building, unless otherwise
specifically noted herein.
S. All mechanical equipment must be screened from public view and view of adjoining
properties.
796490.3
6
T. THE DEVELOPMENT OF PROPERTY LOCATED WITHIN THE TCCD ZONING
DISTRICT SHALL NOT BE BOUND BY THE PROVISIONS OF SUBSECTIONS
5(11)(B)(4) OR 5(11)(B)(5) OF THIS ZONING ORDINANCE.
SECTION 5. That the Zoning Ordinance, Chapter 18, Town Center Commercial Zoning
District, Section 18.08, Design Guidelines, is hereby renumbered as Section 18.07, Design
Guidelines, and the text thereof deleted in its entirety and replaced with the following:
Section 18.07 Design Guidelines
A. The provisions of chapter 19 — architectural review guidelines of this ordinance shall
apply unless provided for otherwise in this chapter.
B. The provisions of chapter 6 — landscaping standards of the subdivision ordinance shall
apply unless provided for otherwise in this chapter.
C. The provisions of chapter 8 — outdoor lighting control of this ordinance shall apply unless
provided for otherwise in this chapter.
SECTION 6. That the Zoning Ordinance, Chapter 18, Town Center Commercial Zoning
District, Section 18.09, General Provisions, is hereby renumbered as Section 18.08, General
Provisions, and amended as follows:
Section 18.08 General Provisions.
The provisions in Chapter 5 — GENERAL PROVISIONS OF THIS ORDINANCE shall apply,
except where provided for in this chapter.
SECTION 7. That the Zoning Ordinance, Chapter 18, Town Center Commercial Zoning
District, Section 18.10, Signs, is hereby renumbered as Section 18.09, Signs, and amended as
follows, with the remaining Section 18.10 reserved for future use:
Section 18.09 Signs.
The regulations in Chapter 6 — SIGN REGULATIONS OF THIS ORDINANCE shall apply,
except where provided for in this chapter.
SECTION 8. That the Zoning Ordinance, Chapter 18, Town Center Commercial Zoning
District, Section 18.11, Parking and Loading, is hereby amended as follows:
Section 18.11 Parking and Loading.
A. The regulations in Chapter 7 — PARKING & LOADING REQUIREMENTS shall
apply, except where provided for in this chapter.
B. A SHARED PARKING PLAN MAY BE PROPOSED FOR DEVELOPMENTS
WITHIN THE TCCD ACCORDING TO THE FOLLOWING GUIDELINES:
796490.3
7
1. PARKING REQUIREMENTS FOR DEVELOPMENT PROJECTS THAT
CONTAIN TWO (2) OR MORE NON-RESIDENTIAL USES AND THAT
CONTAIN A MINIMUM OF 50,000 SQUARE FEET OF GROSS FLOOR
AREA MAY BE SATISFIED WITH SHARED PARKING.
2. SHARED PARKING MAY BE APPROVED ONLY WHEN THE SUBJECT
USES HAVE INHERENT DIFFERENCES IN PARKING ACTIVITY
PATTERNS, THE COMBINED PARKING REQUIREMENT WILL NOT
EXCEED THE AVAILABLE PARKING SUPPLY, AND THE RIGHT OF
JOINT USE OF A PARKING FACILITY IS EVIDENCED BY A
CONTRACT ESTABLISHING JOINT USE.
3. SHARED PARKING AREAS MUST DISPLAY SIGNAGE INDICATING
THE AVAILABILITY OF THE PARKING SPACES FOR USERS OF THE
PARTICIPATING PROPERTIES.
4. A SHARED PARKING PLAN SHALL BE SUBJECT TO REVIEW AND
APPROVAL BY THE PLANNING AND ZONING COMMISSION
DURING CONCEPT PLAN REVIEW.
5. SHARED PARKING SHALL CONFORM TO THE FOLLOWING
STANDARDS:
a. LOCATION. PARKING SHALL BE PROVIDED ON THE SAME OR
A CONTIGUOUS LOT OR IN AN ADJACENT PUBLIC RIGHT-OF-
WAY. PARKING MAY BE PROVIDED OFF-SITE WITH
PROFESSIONAL ANALYSIS THAT THE PROXIMITY OF THE
PARKING (MAXIMUM DISTANCE = 600' FROM THE
DEVELOPMENT PROPERTY PERIMETER) IS ACCEPTABLE
ACCORDING TO INDUSTRY STANDARDS.
b. SHARED PARKING MODEL. THE SHARED PARKING MODEL
SHALL BE USED AS A BASIS FOR PREDICTING THE PARKING
REQUIREMENTS FOR A PARTICULAR MIX OF USES ON A SITE.
c. SHARED PARKING REPORT. WHEN USING A SHARED PARKING
PLAN, THE APPLICANT'S CALCULATION OF SHARED PARKING
REQUIREMENTS SHALL BE SUBMIFIED WITH THE
DEVELOPMENT PLAN AND/OR LAND USE PROPOSAL IN THE
FORM OF A SHARED PARKING REPORT CONSISTING OF A
REVIEW OF THE EXISTING AND PROPOSED PARKING
CONDITIONS ON SITE, INCLUDING:
(1) A BRIEF HISTORY OF THE PHASES OF SITE
DEVELOPMENT, WITH DETAILS OF TOWN APPROVALS
796490.3
8
OF VARIANCES, SPECIAL USE PERMITS, OR ANY OTHER
APPLICABLE LAND USE APPROVALS.
(2) AN OVERVIEW OF ANY PARKING PROBLEMS THAT
CURRENTLY EXIST ON THE SITE, BASED ON PERSONAL
INTERVIEWS WITH TENANTS, MANAGERS AND
OWNERS, AND ON DIRECT OBSERVATIONS AND COUNTS
BY THE PREPARER.
(3) A COMPARISON OF THE PARKING REQUIRED BY
ORDINANCE OR THE SHARED PARKING MODEL WITH
THE PARKING PROVIDED BOTH FOR CURRENT AND
PROPOSED USES ON SITE
b.
(4) A DISCUSSION OF THE PROBABLE SCENARIOS AND
PROBLEMS THAT WILL NEED TO BE ADDRESSED IF THE
PARKING IS PROVIDED IN RELATION TO DEMAND, AS
PROPOSED IN THE SHARED PARKING PLAN.
(5) ANY SPECIAL CONDITIONS TO PROTECT THE PUBLIC
INTEREST RECOMMENDED BY THE PREPARER IF THE
PROJECT IS APPROVED AS PROPOSED.
d. IMPLEMENTATION. THE OWNER OR MANAGER OF A PROJECT
APPROVED UNDER THE SHARED PARKING MODEL, ONCE
BUILT, SHALL MAINTAIN AN ACCURATE, UP-TO-DATE
RECORD OF THE USAGE OF THE NET FLOOR AREA FOR THE
PROJECT, BOTH OCCUPIED AND VACANT, ACCORDING TO
TYPE OF USE. THE PLANNING AND ZONING DIRECTOR MAY
REQUIRE THIS RECORD BE PROVIDED WHEN THE OWNER
APPLIES FOR A NEW LAND USE OR DEVELOPMENT APPROVAL
FOR THE SUBJECT PARCEL.
A SUMMARY OF ALL IMPLEMENTATION STRATEGIES NEEDED
TO DEAL WITH THE ANTICIPATED PROBLEMS MENTIONED IN
ABOVE SHALL BE SUBMITTED, INCLUDING AN ANALYSIS OF
THE FOLLOWING:
(1) RIDE SHARING (INCENTIVES FOR CARPOOLS OR
VANPOOLING) AND PROGRAMS TO ENCOURAGE HIGH
OCCUPANCY VEHICLES THROUGH SPECIFIC
INCENTIVES AND POLICIES.
(2) ALTERNATIVE STYLES OF TRANSPORTATION
(ENCOURAGE BICYCLES, MOTORCYCLES, WALKING);
L
796490.3
9
CONSIDER MARKET RATES FOR EMPLOYEE PARKING,
PROMOTE OFF-PEAK TRIPS, ETC.
(3) CONVENIENT PEDESTRIAN CIRCULATION ON-SITE
(ENSURE QUALITY DESIGNS OF WALKWAYS; CREATE
PARKING ZONES; CLUSTER USES SHARING CUSTOMERS,
ETC.).
(4) EFFICIENT USES OF PARKING (SUPPLY A MIX OF SHORT-
TERM AND LONG-TERM PARKING; CLUSTER USES
SHARING PARKING; MINIMIZE RESERVED SPACES;
CONSIDER PERMITS, ETC.).
(5) EFFECTIVE MANAGEMENT (ASSIGN ADMINISTRATIVE
RESPONSIBILITY FOR PROGRAM TO ONE PERSON,
SECTION OR COMPANY; ACHIEVE CONSISTENCY IN
POLICY AND ENFORCEMENT; UNDERTAKE PERIODIC
MONITORING; FILE UPDATE REPORTS WITH TOWN,
REVIEW IMPACT OF NEW TENANTS, ETC.).
(6) ACCOMMODATION AND LOCATION FOR DISABLED
PARKING TO PROVIDE EASE OF ACCESS TO USES ON
SITE.
e. EASEMENTS; OWNER AFFIDAVIT; PARKING ASSOCIATION.
WHEN SHARED PARKING IS PERMITTED, THE APPLICANT
SHALL ENSURE THAT ALL OWNER(S) OF THE PROPERTY ON
WHICH THE SHARED PARKING IS LOCATED SHALL, PRIOR TO
CONCEPT PLAN APPROVAL, (1) RECORD AN IRREVOCABLE
EASEMENT OVER SUCH PROPERTY FOR THE BENEFIT OF THE
APPLICANT'S PROPERTY AND (2) FILE A PARKING AFFIDAVIT
WITH THE PLANNING AND ZONING DIRECTOR INDICATING
THAT (A) THE JOINT USE IS ACCEPTABLE AND WILL NOT
INTERFERE WITH THE OWNER'S CURRENT USE AND (B)
OWNER AGREES AND UNDERSTANDS THAT FUTURE
DEVELOPMENT ON THE OWNER'S PROPERTY MAY BE LIMITED
DUE TO THE SHARED PARKING. IN CASES WHERE PARKING
FOR A PROJECT IS TO BE PROVIDED ON MORE THAN ONE (1)
LOT, A PARKING ASSOCIATION SHALL BE FORMED BY THE
OWNERS OF THE AFFECTED PARCELS PRIOR TO CONCEPT
PLAN APPROVAL. DOCUMENTATION OF THE ASSOCIATION'S
RECORDED CONDITIONS, COVENANTS AND RESTRICTIONS
SHALL BE PROVIDED TO THE PLANNING AND ZONING
DIRECTOR, OR DESIGNEE, PRIOR TO CONCEPT PLAN
APPROVAL AND SHALL BE IN A FORM ACCEPTABLE TO THE
TOWN ATTORNEY.
796490.3
10
f. STREET PARKING CALCULATION. ON-STREET PARKING
LOCATED DIRECTLY ADJACENT TO THE DEVELOPMENT SITE
MAY BE CONSIDERED WHEN CALCULATING THE PARKING
PROVIDED AND REQUIRED BY THE STANDARD SHARED
PARKING MODEL.
g. TANDEM PARKING. TANDEM PARKING SPACES, TWO CARS
OCCUPYING ONE EXTRA DEEP PARKING SPACE (9'X36'
MINIMUM), MAY BE USED AND CALCULATED AS TWO SPACES
FOR RESIDENTIAL PARKING ONLY, AND ONLY IN SUCH CASES
WHERE BOTH SPACES WILL EITHER BE DESIGNATED FOR A
SINGLE HOUSEHOLD OR CONTROLLED BY A PARKING
ATTENDANT.
C. SHARED PARKING MODEL.
1. THE TOWN OF FOUNTAIN HILLS SHARED PARKING MODEL SHALL BE
USED AS A BASIS FOR PREDICTING THE PARKING DEMAND FOR A
PARTICULAR MIX OF USES ON A SITE. SOME USES (LIKE NIGHTCLUBS)
PEAK IN THE EVENING; OTHERS (LIKE OFFICES) PEAK DURING THE
DAY. WHERE DIFFERENT USES NEED PARKING AT DIFFERENT TIMES OF
THE DAY, THERE IS AN OPPORTUNITY FOR THEM TO SHARE PARKING.
THIS MEANS THAT THE TOTAL NUMBER OF PARKING SPACES NEEDED
TO SERVE A "MIXED-USE" SITE (THE PARKING DEMAND) MAY BE
SOMEWHAT LESS THAN THE NUMBER OF PARKING SPACES THAT
WOULD HAVE TO BE PROVIDED IF EACH OF THE USES HAD TO PROVIDE
PARKING ON ITS OWN AS REQUIRED BY CHAPTER 7 OF THIS
ORDINANCE.
2. THE SHARED PARKING MODEL IS A TOOL FOR ESTIMATING THE
PARKING DEMAND OF A SPECIFIC MIX OF USES. EACH OF THE DEMAND
CURVES REPRESENTS THE PARKING NEEDED FOR AN AVERAGE,
TYPICAL USE, BASED ON STUDIES AND OBSERVATIONS. THE "CURVES"
ARE REPRESENTED BELOW AS A TABLE SHOWING THE PERCENT OF
THE ORDINANCE REQUIREMENT FOR SUCH USES, BY HOUR OF DAY.
3. THE SHARED PARKING MODEL MAY BE USED TO CALCULATE THE
SHARED PARKING NEEDS FOR A TOWN CENTER COMMERCIAL
DISTRICT (TCCD) DEVELOPMENT PROJECT. IN ADDITION, TO
CALCULATING THE JOINT USE REQUIREMENTS FOR A PROPOSED
DEVELOPMENT THE SHARED PARKING MODEL ALSO CALCULATES THE
RESERVED PARKING REQUIREMENTS FOR SUCH STANDARD USES AS
OFFICE, RESTAURANT, RETAIL AND RESIDENTIAL USES.
796490.3
11
4. AN APPLICANT MAY SUBMIT FOR REVIEW AND APPROVAL, AN
Coy ALTERNATIVE TO THE SHARED PARKING MODEL SET FORTH IN THIS
SUBSECTION 18.11(C). THE APPLICANT'S SHARED PARKING
ALTERNATIVE SHALL BE BASED ON THE URBAN LAND INSTITUTE
SHARED PARKING MODEL AND SHALL BE SUBMITTED TO THE TOWN
FOR REVIEW BY AN INDEPENDENT SHARED PARKING EXPERT
SELECTED BY THE TOWN. FUNDS IN AN AMOUNT ADEQUATE TO PAY
FOR THE REVIEW OF THE ALTERNATIVE SHARED PARKING PROPOSAL
SHALL BE SUBMITTED TO THE TOWN AT THE TIME OF SUBMITTAL OF
THE SHARED PARKING ALTERNATIVE. ANY UNEXPENDED FUNDS WILL
BE RETURNED TO THE APPLICANT.
SHARED PARKING TABLE
How to Determine the Total Parking Requirement for Shared Parking Facilities
For each applicable general land use category,calculate the number of spaces required for a use as indicated in Section 7.04.G as if it were the
only use.Use those figures for each land use to calculate the number of spaces required for each of the six time periods by multiplying the full
parking requirement by the percentage figure shown. For each time period,add the number of spaces required for all applicable land uses to
obtain a grand total for each of the six time periods.Select the single time period with the highest total parking requirement and use that total
as the shared parking requirement.
General Land Use Weekdays Weekends
Classification Midnight-7AM 7AM-6 PM 6 PM-Midnight Midnight-7AM 7AM-6 PM 6 PM-Midnight
Office&Commercial 5% 100% 5% 0% 10% 0%
Retail 0% 90% 60% 0% 100% 65%
Restaurant 10% 60% 100% 10% 65% 100%
Lodging 95% 60% 80% 100% 65% 90%
Residential 100% 100% 100% 100% 100% 100%
Cinema 0% 55% 80% 0% 75% 100%
Community 0% 60% 80% 0% 80% 100%
SECTION 9. That the Zoning Ordinance, Chapter 18, Town Center Commercial Zoning
District, Section 18.12, Outdoor Lighting, is hereby deleted in its entirety and reserved for future
use.
SECTION 10. That the Zoning Ordinance, Chapter 18, Town Center Commercial
Zoning District, Section 18.14, Density, Area, Building and Yard Regulations, is hereby deleted
in its entirety and replaced with the following:
Section 18.14 Density,Area,Building and Yard Regulations.
The following chart specifies the minimum lot sizes, minimum lot widths, maximum building
heights, minimum yard setbacks and maximum lot coverage percentages, and the minimum
distance between buildings.
L
796490.3
12
TOWN CENTER COMMERCIAL DISTRICT
BLDG DISTANCE
DISTRICT AREA WIDTH HEIGHT LOT BETWEEN
(SQ.FEET) (FEET) (FEET) COVERAGE BLDGS
... . . .. ._..,, ,.,,.,.. (FEET)
MINIMUM YARD SETBACKS �............
STREET
FRONT SIDE SIDE REAR
TCCD 6,000 I 60 40 0 0 0 0u 100/a u See IBC
A. The Town Council may allow a building height of up to forty eight (48) feet by
Specific approval by the Planning & Zoning Commission during Concept Plan
review for movie theatres, special architectural features that improve the building
elevation, or to accommodate increased first floor commercial ceiling heights.
B. When adjacent to a residential use, regardless of whether separated by a street or
alley, there shall be a minimum front and rear yard setbacks equal to the minimum
front and rear yard setbacks required of the adjoining residential use (not to exceed
25 feet). When abutting a dedicated open-area mall or a thirty (30) foot wide
(minimum) dedicated pedestrian access parcel, buildings or low-walled outdoor
seating areas may abut the property line. When commercial retail/office properties
have frontage on the Avenue of the Fountains and/or on the Saguaro Boulevard right
(s)-of-way, buildings shall be constructed five (5) feet from the property line if no
five-foot wide landscape/canopy parcel has been platted.
C. When adjacent to a residential use there shall be a minimum ten (10) foot side yard
setback or a minimum side yard setback equal to the building height, whichever is
greater. If a side yard is otherwise provided, the minimum setback is five (5) feet.
When abutting a dedicated open-area mall or a thirty (30) foot wide (minimum)
dedicated pedestrian access parcel, buildings or low-walled outdoor seating areas
may abut the property line.
SECTION 11. 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.
[SIGNATURES ON FOLLOWING PAGE]
796490.3
13
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, February 7, 2008.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
APRuilkyvv/
W. Nic ols, Mayo Bevelyn J. B de own Clerk
REVIEWED BY: APPROVED AS TO FORM:
(-)13
Kathleen M. Zanon, Interim Town Manager Andrew J. McGuire, Town Attorney
L
796490.3
14