HomeMy WebLinkAboutPZ.2019.0509.Agenda txp NOTICE OF REGULAR MEETING
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THE PLANNING AND ZONING COMMISSION
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Chairman Susan Dempster
Vice Chairman Erik Hansen Commissioner Peter Gray
Commissioner Mathew Boik Commissioner Christopher Jones
Commissioner N'Marie Crumbie Commissioner Scott Schlossberg
TIME: 6:00 P.M. — REGULAR SESSION
WHEN: THURSDAY, MAY 9, 2019
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Commissioners will attend either in person or by telephone conference call; a quorum of the Town's various
Commission, Committee or Board members may be in attendance at the Planning and Zoning 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 Planning and Zoning 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 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 Planning and Zoning 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 Recorder 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 an agenda item, and hand it to the Recorder prior to discussion, if possible.
REGULAR MEETING
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Chairman Susan Dempster
2. ROLL CALL — Chairman Susan Dempster
3. CALL to the PUBLIC — Chairman Susan Dempster
Pursuant to A.R.S. §38-431-01(G), 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 Commissioner 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 OF Approving the Meeting Minutes from the April 25, 2019.
5. PUBLIC HEARING and CONSIDERATION OF ORD #19-08, amending the official Zoning
District Maps of the Town of Fountain Hills, Arizona, by changing the zoning designation of
approximately 5.74 acres generally located at the northwest corner of N Saguaro Boulevard
and E Trevino Drive (APN#176-10-811) from C-1 — Neighborhood Commercial and
Professional zoning district to C-2 — Intermediate Commercial zoning district.
(Case Z2019-03)
6. ADJOURMENT.
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AGENDA POSTED:
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Paula Woodward, Executive Assistant
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call
480-816-5100(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 Council with this agenda are available for review in the Clerk's Office.
•
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AGENDA ACTION FORM
Meeting Date: April 25, 2018 Meeting Type: Regular
Agenda Type: Regular
Submitting Division: Development Services
Staff Contact Information: John D.Wesley, Interim Development Services Director, iwesleva(�fh.az.gov, 480-816-5138
REQUEST TO PLANNING&ZONING COMMISSION: CONSIDERATION FOR APPROVING THE PLANNING&ZONING
COMMISSION REGULAR MEETING MINUTES FROM APRIL 25, 2019.
Applicant: N/A
Applicant Contact Information: N/A
''roperty Location: N/A
Related Ordinance, Policy or Guiding Principle: Policy or Guiding Principle: A.R.S. §38-431.01
Staff Summary (background): The intent of approving previous meeting minutes is to ensure an accurate account
of the discussion and action that took place at that meeting for archival purposes. Approved minutes are placed
on the Town's website in compliance with state law.
Risk Analysis (options or alternatives with implications): N/A
Fiscal Impact (initial and ongoing costs; budget status): N/A
Recommendation(s): Approval
Staff Recommendation(s): Approval
SUGGESTED MOTION: Move to Approve the Planning & Zoning Commission Regular Meeting Minutes dated April 25,
2019.
Attachment(s): N/A
Submitted by: ppr d by:
�( Ov W1 [US I 05/02/2019 •W 05/02/2019
Paula Woodward, Executive Assistant Date o n D.Wesley, Interim Developm Services Director Date
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Page 1 of 1
1yTAI1V4� TOWN OF FOUNTAIN HILLS
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AGENDA ACTION FORM
Meeting Date: 5/9/2019 Meeting Type: Regular Session
Agenda Type: Regular Submitting Department: Development Services
Staff Contact Information: Marissa Moore, AICP, 480-816-5139, mmoore@fh.az.gov
REQUEST TO COUNCIL (Agenda Language):
PUBLIC HEARING and CONSIDERATION of ORD #19-08, amending the official Zoning District Maps
of the Town of Fountain Hills, Arizona, by changing the zoning designation of approximately 5.74 acres
generally located at the northwest corner of N Saguaro Boulevard and E Trevino Drive (APN#176-10-
811) from C-1 — Neighborhood Commercial and Professional zoning district to C-2 — Intermediate
Commercial zoning district.
'ease Z2019-03)
Applicant: Robert Quintanna
Applicant Contact Information: 14900 Landmark Blvd
Ste 530
Dallas, TX 75254
(972) 233-2718
r.quintanna@rgarch.com
Property Owner: Dan Kauffman dba Pinnacle Views Development, LLC
PO Box 18571
Fountain Hills, AZ 85259
Property Location: 9700 N Saguaro Boulevard
Related Ordinance, Policy or Guiding Principle:
Ordinance #19-08 Amendment to the Official Zoning Map
Zoning Ordinance Section 2.01 —Amendments or Zone Changes
Zoning Ordinance Chapter 12 — Commercial Zoning Districts
General Plan 2010 Chapter 3 - Land Use Map — (Figure 11)
General Plan 2010 Chapter Three Land Use Element
General Plan 2010 Chapter Four Growth Areas Element
Fountain Hills Strategic Plan - 2017
Page 1 of 6
Rezoning—9700 N Saguaro Blvd
Planning and Zoning—9 May 2019
Request from: C-1 — Neighborhood Commercial and Professional Zoning District
Request to: C-2 — Intermediate Commercial Zoning District
Proposed Use: Fountain Hills Medical Center
Staff Summary (background):
The applicant is requesting to rezone the subject property (9700 N Saguaro Blvd, APN# 176-10-811)from
C-1 — Neighborhood Commercial and Professional to C-2 — Intermediate Commercial to allow a one-story
approximately 12,200-square-foot hospital and medical center. The tentative development plan submitted
with rezoning request shows two future phases of development: Phase 2 would add approximately 10,000
square feet of surgical and in-patient services; Phase 3 is proposed to be a 2-story addition with 20,000
square feet, adding diagnostic services. In sum at build out, the building would be approximately 42,200
square feet. The total lot is approximately 5.74 acres in size. The tentative development plan for Phase I
shows a retention area along Saguaro Blvd, with the medical center to the west taking access solely from
Trevino Drive. The proposal includes a cut of the hillside to provide the building pad for the proposed
hospital. The building has a main entry/drop-off on the south side and parking surrounding the building.
There is a generator proposed for the area just northwest of the building.
Surrounding Land Uses/Zoning
Land Use Zoning
On-site Vacant C-1 Neighborhood Commercial and Professional
North Single Residence R1-35 Single Residence
Restaurants and convenience store with gas
South pumps C-1 Neighborhood Commercial and Professional
R-5 Multiple Residence P. D.,
or (across Saguaro) Residential condominiums, C-1 Neighborhood Commercial and Professional
East vacant Zoning District
West Single Residence R1-35 Single Residential
Zoning:
The C-1 — Neighborhood Commercial and Professional zoning district is established to:
"...provide a location for modest, well-designed commercial enterprises to serve a surrounding
residential neighborhood, as well as to provide for services to the community, which is not detrimental
to the integrity of the surrounding residential neighborhood, and to provide for the appropriate
location of professional offices throughout the community. The intent of this district is to integrate
limited commercial activity and professional offices with residential land uses in a climate favorable
to both. Particular attention is to be paid to the interface between commercial or professional uses
and the residential uses within the same neighborhood."
The C-2 — Intermediate Commercial Zoning District is established to:
"...provide for the sale of commodities and the performance of services and other activities in
locations for which the market area extends beyond the immediate residential neighborhoods.
Principal uses permitted in this Zoning District include furniture stores, hotels and motels,
restaurants, and some commercial recreation and cultural facilities such as movies and instruction
in art and music. This Zoning District is designed for application at major street intersections.."
Page 2 of 6
Rezoning—9700 N Saguaro Blvd
Planning and Zoning—9 May 2019
Below is a table showing additional comparisons in zoning regulations:
Zoning Information
YARD SETBACKS
STREET
FRONT SIDE SIDE REAR HEIGHT LOT COVERAGE
C-1 25 b 10 c 0 c 0 d 25 60%
C-2 10 a,b 0 b,c 0 b,c 0 d 40 60%
a. OR HEIGHT OF THE BUILDING, WHICHEVER IS GREATER.
b. WHEN ADJACENT TO A RESIDENTIAL DISTRICT, REGARDLESS OF WHETHER SEPARATED BY A STREET OR
ALLEY,THERE SHALL BE A FRONT YARD EQUAL TO THE FRONT YARD REQUIRED IN THE ADJOINING
RESIDENTIAL ZONING DISTRICT OR THE BUILDING HEIGHT, WHICHEVER IS GREATER (NOT TO EXCEED 25
FEET).
c. WHEN ADJACENT TO A RESIDENTIAL DISTRIC
T THERE IS TO BE A 10 FOOT SETBACK OR A DISTANCE
EQUAL TO THE HEIGHT OF THE COMMERCIAL BUILDING, WHICHEVER IS GREATER. WHEN A CORNER LOT IS
ADJACENT TO A RESIDENTIAL DISTRICT, REGARDLESS OF WHETHER SEPARATED BY A STREET OR ALLEY,
THERE SHALL BE A 10-FOOT SETBACK OR HEIGHT OF BUILDING, WHICHEVER IS GREATER.
d. WHEN ADJACENT TO A RESIDENTIAL DISTRICT, REGARDLESS OF WHETHER SEPARATED BY A STREET OR
ALLEY, THERE IS TO BE A 25-FOOT SETBACK OR HEIGHT OF THE BUILDING, WHICHEVER IS GREATER. IF
THERE IS TO BE OTHER THEN A ZERO REAR YARD SETBACK THE MINIMUM SETBACK IS 10 FEET.
`rlr.
The principal difference between these zoning districts is the intensity of the uses. The C-2 district includes
uses that may attract customers from a larger trade area. A few uses permitted in the C-2 district that are
not allowed in the C-1 district include: Automobile repair shops, bars, drive-in restaurants, hotels and motels,
medical laboratories, and theaters.
General Plan:
Staff analyzed the project for consistency with the definitions, visions, goals and objectives outlined in the
Fountain Hills General Plan 2010, which is the long-range plan for growth and development for the Town.
The General Plan designates the area of Shea and Saguaro Boulevards as a prime location for commercial
activity. The property at this intersection has been planned and zoned for commercial activity since the
Town was established. This is typical for a high volume intersection such as Shea and Saguaro Boulevards.
The General Plan also includes several Goals and Objectives that apply to the proposal.
Chapter Three, Land Use:
Goal Two: Centralize commercial land employment uses and address their existing pattern of
development.
Objective 2.1 The Town should continue to employ a policy to encourage the overall
development of existing commercially zoned lands and the renovation of
underutilized commercial buildings.
Page 3 of 6
Rezoning—9700 N Saguaro Blvd
Planning and Zoning—9 May 2019
•
Goal Three: Investigate the application of special planning area solutions.
Objective 3.2 The Town should study issues and implement solutions related to infill,
revitalization, and redevelopment of the commercial land and existing uses
along Shea Boulevard and Saguaro Boulevard.
Goal Five: Protect and preserve existing neighborhoods from incompatible adjacent land uses.
Objective 5.1 The Town should encourage development of infill areas with close proximity to
shopping facilities, recreation, community services and existing infrastructure.
Chapter 4, Growth Areas:
Goal One: Provide a community that is competitive and attractive to business.
Objective 1.1 The Town should continue to examine creative methods to attract
complementary retail and office business users that have mid to small space
requirements and locate them within the existing retail corridors on both
Saguaro Boulevard and Fountain Hills Boulevard.
Chapter 5, Cost of Development:
Goal One: Assess the functionality, suitability, and sustainability of existing public facilities and
infrastructure.
Objective 1.8 The Town should aggressively market private health care providers to consider
the location of an urgent care/hospital to serve the Town and its surrounding
area.
The General Plan supports infill commercial development of this property at Trevino and Saguaro in a
manner that will add to the overall mix of uses, utilize the existing infrastructure, and provide new uses to
serve the Town. The proposal to bring a small hospital to this location is in keeping with these goals and
objectives.
Tentative Development Plan:
The application for the rezoning includes a tentative development plan (labeled Prelim Site Plan)to illustrate
the concept of how the property will be developed. This concept shows that the hill on the north side of the
property will be cut to create a pad along Trevino for the Phase I building to be constructed. This building
will be located toward the southern end of the property with all access from Trevino Drive. The future phases
of the project will be constructed to the west of Phase I.
Before an application can be submitted for a building permit, the developer will be required to submit and
receive approval of a site plan by the Development Services Director. That final site plan will need to comply
with all ordinance requirements.
Review and Analysis:
This property was rezoned to PAD in 2015 to allow for the development of an assisted living facility known
as Hemmingway. That project was not constructed and the property owner is pursuing an option in the
ordinance to revert the zoning back to C-1. That revision does not come to the Planning and Zoning Board,
but will be considered by the Town Council prior to consideration of this request. Except for the last few
years, the historic maps of the Town show that this property and the adjacent properties to the south across
E Trevino Drive and to the east across N Saguaro Boulevard have been zoned C-1 since the formation of
the Town. The properties to the north and west have been zoned R1-35 since formation, which is a low-
density single-family residential zoning designation.
This property is at a prime location near the intersection of two busy streets yet it has remained undeveloped
)r these many years. Rezoning the property from C-1 to C-2 will introduce additional uses for the property
that should increase the opportunity for it to be developed. The proposed use at this time is a small hospital
and emergency room to serve the needs of Town residents and visitors. This is a much needed facility that
meets several General Plan goals as outlined above.
Page 4 0l 6
Rezoning—9700 N Saguaro Blvd
Planning and Zoning—9 May 2019
There is some concern for the impact some of the allowable uses in the C-2 district could have on adjacent
properties, in particular the residential uses to the north. The site plan required per Section 2.04 of the
Zoning Ordinance must conform to the tentative development plan provided with the rezoning. The tentative
development plan shows a building located toward the southeast corner of the site with retention along
Saguaro and all access off of Trevino. Parking will be on the west, south, and east sides of the building.
Ambulance drop-off is proposed at the northeast corner of the building, solid waste pick up at the northeast
corner of the parking lot, and an emergency generator at the northwest corner of the parking lot. The Phase
I building floor elevation will be approximately 20' below the top of the hill. While the cut into the hillside and
the resulting grade difference between the Phase 1 building and the existing residences will mitigate many
of the impacts, staff still has some concerns with how the noise and lights of this use, or similar more intense
uses, would impact the adjacent residential properties. Staff will work with the applicant in the formal site
plan review process to adjust the location of these aspects of the site, or ensure they are properly screened
and buffered.
Concurrency
All utilities and services provided in or by the Town of Fountain Hills are or can service this site, to include
but not limited to: Fire Rescue, Police, schools, water, electric, sewer, telecommunications, and stormwater
management.
The tentative development plan has been reviewed by the Town Engineer and by Fountain Hills Sanitary
District. There are easements not shown on the site plan that may impact the location of the building and
10 feet of additional right-of-way will need to be dedicated for Trevino Drive and Saguaro Boulevard. Final
plans will need to include all street and sidewalk improvements and meet the Fountain Hills Sanitary District
requirements for sewer service.
Risk Analysis (options or alternatives with implications):
Approval of the rezoning of this property from the current C-1 — Neighborhood Commercial and Professional
zoning district designation to C-2— Intermediate Commercial zoning district designation would allow all uses
allowed in the C-2 zoning district to be constructed on this property. The property has been designated and
zoned for commercial uses throughout the history of the Town; therefore, the change is not significant.
Disapproval will leave the property with C-1 zoning so commercial development will still occur.
Budgeted; if No, attach Budget Adjustment Form: NA
Staff Recommendation(s):
Staff recommends approval of the request to rezone this property from C-1 to C-2. Approval is conditioned
on the following stipulations:
1. Dedication of all required street right of way for adjacent streets;
2. Providing all right-of-way improvements required for adjacent streets.
List Attachment(s):
Application
Location Map
2010 General Plan Land Use Map
Current Zoning Map
?roject Narrative and Tentative Development Plan (2 pgs)
Review letter from Fountain Hills Sanitary District dated April 18, 2019
Ordinance 19-18 — Draft Ordinance C-1 to C-2
Page 5 of 6
Rezoning-9700 N Saguaro Blvd
Planning and Zoning-9 May 2019
SUGGESTED MOTION (for Council use):
Move to forward a recommendation to Town Council to APPROVE ORDINANCE 19-18, declaring as a
ublic record that certain document filed with the Town Clerk and entitled the "Ordinance No. 19-18". (Case#
Z2019-03)
Move to forward a recommendation to Town Council to APPROVE ORDINANCE 19-18 amending the Town
of Fountain Hills Official Zoning District Map for approximately 5.74 acres located at the northwest corner
of N Saguaro Boulevard and Trevino Drive from C-1 — Neighborhood Commercial and Professional to C-2
— Intermediate Commercial (Case # Z2019-03), with the following stipulations:
1. Dedication of all required street right of way for adjacent streets; and,
2. Providing all right-of-way improvements required for adjacent streets.
Prepared by:
CO\i
Ma issa Moore, Al P, Senior Planner 5/2/2019
Director's Approval:
op
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Joh Wesley, AICP, Interim Development Services Director 5/2/2019
Page 6of6
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The Town of Fountain Hills
PLANNING & ZONING DEPARTMENT - APPLICATION
_ Abandonment (Plat or Condominium) _ Appeal of Administrator's Interpretation
Area Specific Plan &Amendments Concept Plan
Condominium Plat _ Cut/Fill Waiver
Development Agreement HPE Change or Abandonment
General Plan Amendment Ordinance (Text Amendment)
Planned Unit Development _ Preliminary/ Final Plat
Replat (Lot joins, lot splits, lot line adjustments)
I Rezoning (Map) Special Use Permit &Amendments
Site Plan Review (vehicles sales) Temporary Use Permit(Median Fee, if applicable)
Variance Other
PROJECT NAME / NATURE OF PROJECT:
LEGAL DESCRIPTION: Plat Name SEE LEGAL ATTACHED
*r.. PROPERTY ADDRESS: TBD �=-130 0 B iv Lot
PARCEL SIZE (Acres)5.7 A S rR PARCEL NUMBER 176-10-811
NUMBER OF UNITS PROPOSED NA TRACTS NA
EXISTING ZONING C-1 PROPOSED ZONING C-2
A licant (U�D 3(a 3°Ia
Mrs. ROBERTQUINTANA ✓
Day Phone 972-233 2718
Mr.
Ms. Address: 14900 LANDMARK BLVD STE 530 City: DALLAS State: TX Zip: 75254
Email: r.quintana@rgarch.com
Owner D Kaugfrib--- 1Mrs. � el l�Y►Gu-�� V i� OG�j P�C[:�h ���`�1
Mr. y
Ms. Address: Pk9 6'L I'S- YV-�City: ���- State: ��I�/ Zip:
If application is being submitt o eo e other than the owner of the property under consideration,the section below
must be completed.
SIGNATURE OF OWNER - DATE `i -Ir�1tel
I HEREBY AUTHORIZE p ?_-;\- . ,k-1 as-.0_ TO FILE THIS APPLICATION.
Please Print
_Subscribed a sworn before m this Lp� day of r-‘\ , 20 \c�
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Notary Public MUNIS_ -1 V2-4 0
�;�ca}+dii TAMMY L TRAMMELL
4 � APPLICATION # o (7 '-o4
"IA Notary Public-Arizona
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QuMy Comm.Expires Nov 19,2019
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FOUNTAIN HILLS MEDICAL CENTER NARRATIVE
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The proposed Fountain Hills Medical Center is a physician owned specialty Internal Medicine
hospital and Primary Care Clinic and is designed in three phases. Phase I will be approximately
12,500 square feet and will be a single-story building. The hospital is being designed to blend
with the surrounding community. Phase 1 of the hospital project will include an Emergency
Room, Imaging Center with CT, X-ray and Ultrasound, Laboratory, Pharmacy and Inpatient Beds.
The Primary Care Clinic will be staffed by a physician and/or nurse practitioner. Phase II
includes the operating rooms with the size and number of operating rooms yet to be
determined and phase III will include additional diagnostic medical services. The hospital will
accept all insurances and will be open 24 hours a day.
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1yTAIN1r
0 �� FOUNTAIN HILLS SANITARY DISTRICT
16941 E. PEPPERWOOD CIRCLE
7 � FOUNTAIN HILLS, AZ 85268-2901
1RY D1S�4 TELEPHONE: 480-837-9444 FAX: 480-837-0819
www.az-thsd.gov
DATE: April 18,2019
MEMO TO: Marissa Moore
Town of Fountain Hills
FROM: Chris Kiriluk
RE: Zoning Site Plan Technical Review
Fountain Hills Medical Center
9700 N. Saguaro Boulevard
Case No. Z2019-04(M#9698)
First Submittal
I have reviewed the above referenced submittal for conformance with District requirements and
have the following comments:
1. Fountain Hills Sanitary District (FHSD) requires sewer be designed and installed
consistent with FHSD Design Standards. No information has been presented in this
submittal in terms of proposed sewer design or general layout.
2. FHSD will require a Basis of Design Report to be submitted and approved prior to
any agreement to serve the proposed project. This report must present anticipated
sewer flow quantities and peaking factors, characteristics of anticipated sewer flow,
and what sewer facilities will be installed with each phase of the proposed project.
3. Because FHSD is a separate independent governmental agency from the Town of
Fountain Hills, FHSD will require a meeting with the developer and/or engineer to
review the proposed project and FHSD requirements.
4. If the proposed on-site sewer for this project will be public,the sewer design must be
accepted by FHSD and by Maricopa County Environmental Services Department.
All public sewer must be installed, approved by FHSD and MCESD and ownership
accepted by FHSD prior to the submittal of any building permits.
5. A sewer service agreement(SSA)must be executed and associated capacity fees paid
prior to the issuance of any commercial building permit.
/cdk
cc: Robert Quintana Architects
14900 Landmark Boulevard, Suite 530
Dallas,TX 75254
Kirsten DeBie
Bill Cunningham
ORDINANCE NO. 19-08
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE OFFICIAL ZONING
DISTRICT MAPS OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, BY
CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 5.74
ACRES GENERALLY LOCATED AT THE NORTHWEST CORNER OF N
SAGUARO BOULEVARD AND E TREVINO DRIVE (AKA APN#176-10-
811) FROM C-1 — NEIGHBORHOOD COMMERCIAL AND
PROFESSIONAL ZONING DISTRICT TO C-2 — INTERMEDIATE
COMMERCIAL ZONING DISTRICT.
RECITALS:
WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance No. 93-22, on
November 18, 1993, adopting the Zoning Ordinance for the Town of Fountain Hills (the
"Zoning Ordinance"); and
WHEREAS, Chapter 2, Procedures, Section 2.01, Amendments or Zone Changes, of
the Zoning Ordinance establishes the authority and procedures for amending the zoning
district boundaries; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV.
STAT. § 9-462.04, public hearings were advertised in the April 24 and May 1 , 2019
editions of the Times of Fountain Hills; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on May 9, 2019, and by the Mayor and Council of the Town of Fountain
Hills on June 4, 2019.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the "Official Zoning District Maps," codified in Chapter 3 of the
Zoning Ordinance, are hereby amended to revert the Zoning District designation of 5.74
acres of land located at 9700 N Saguaro Blvd, as more particularly described on Exhibit
A and depicted on Exhibit B, both attached hereto and incorporated herein by reference,
from "C-1 — Neighborhood Commercial and Professional Zoning District" to "C-2 —
Intermediate Commercial Zoning District.
SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
SECTION 3. 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.
[SIGNATURES ON FOLLOWING PAGE]
111D
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain
Hills, Arizona, this 4th day of June 4, 2019.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager = Aaron D. Arnson, Town Attorney
Grady Miller, Town Manager Town Attorney
477
ra
EXHIBIT A
TO
ORDINANCE NO. 19-08
[Legal Description of the Property]
See following pages.
LEGAL DESCRIPTION
That portion of the South half of the Northwest quarter and the North half of the
Southwest quarter of Section 26, Township 3 North, Range 6 East of the Gila and
Salt River Base and Meridian, Maricopa County, Arizona, more particularly
described as follows:
Commencing at the monument line intersection of Shea Boulevard and Saguaro
Boulevard from which the West quarter corner of said Section 26 bears North 58
degrees 04 minutes 18 seconds West, a distance of 1388.31 feet and also from
which a Maricopa County Highway Department Brass Cap Monument for P.O.C.
243-83.30, 22 feet RT. Bears North 50 degrees 10 minutes 58 seconds West, a
distance of 724.56 feet;
Thence North 42 degrees 50 minutes 00 seconds. East along the centerline of
Saguaro Boulevard, a distance of 775.00 feet;
Thence North 47 degrees 10 minutes 00 seconds West, a distance of 55.00 feet
to the Northwesterly right-of-way line and the POINT OF BEGINNING, said point
also being the Southeast corner of lot 6, Block 4, FOUNTAIN HILLS FINAL PLAT
NO 403-B;
Thence South 42 degrees 50 minutes 00 seconds West along said right-of-way
line, a distance of 330.45 feet to the beginning of a tangent curve being concave
Northerly and having a radius of 20.00 feet;
Thence departing from said right-of-way and along the arc of said curve through a
central angle of 87 degrees 25 minutes 23 seconds and an arc length of 30.52
feet to a point of reverse curvature, said point being on the Northeasterly right-of-
way of a road being 50.00 feet in width and being more commonly known as
Trevino Drive, said point also being at the beginning of a curve being concave
Southerly and having a radius of 425.00 feet and a radial line passing through
said point bears North 40 degrees 15 minutes 23 seconds East;
Thence along said right-of-way and along the arc of said curve through a central
angle of 44 degrees 49 minutes 23 seconds and an arc length of 332.48 feet;
Thence South 85 degrees 26 minutes 00 seconds West, a distance of 111 .13 feet
to the beginning of a tangent curve being concave Northerly and having a radius
of 175.00 feet;
Thence along the arc of said curve through a central angle of 42 degrees 51
minutes 31 seconds, and an arc length of 130.90 feet to a point of reverse
curvature, a radial line passing through last said curve bears South 38 degrees
17 minutes 31 seconds West, said reverse curve being concave Southerly and
having a radius of 7047.49 feet;
Thence along the arc of said curve through a central angle of 00 degrees 58
minutes 12 seconds and an arc length of 119.30 feet to a point of reverse
curvature, a radial line passing through said point bears North 37 degrees 19
minutes 19 seconds East, said reverse curve being concave Easterly and having
a radius of 20.00 feet;
Thence along the arc of said curve through a central angle of 89 degrees 35
minutes 41 seconds and an arc length of 31 .27 feet to a point on the Easterly
right-of-way line of Burkemo Drive, said point also being on the Easterly line of
said FOUNTAIN HILLS FINAL PLAT NO. 403-B, North 36 degrees 55 minutes 00
seconds East, a distance of 69.89 feet from the Southeasterly comer of said
FOUNTAIN HILLS FINAL PLAT NO. 403-B;
Thence North 36 degrees 55 minutes 00 seconds East, a distance of 260.77 feet
to the beginning of a tangent curve being concave Westerly and having a radius
of230.00 feet;
Thence along the arc of said curve through a central angle of 15 degrees 21
minutes 52 seconds and an arc length of 61 .68 feet to a point of cusp with a
curve concave to the Northeast and having a radius of 20.00 feet a radial line
passing through said point bears North 68 degrees 26 minutes 52 seconds West;
Thence Southeasterly along the arc of said curve through a central angle of 81
degrees 57 minutes 08 seconds and an arc length of 28.61 feet to a point on the
Southerly line of said FOUNTAIN HILLS FINAL PLAT NO. 403-B;
Thence continuing along said line South 60 degrees 24 minutes 00 seconds East,
a distance of 12.75 feet to the beginning of a tangent curve being concave
Northeasterly and having a radius of 185.00 feet;
Thence along the arc of said curve through a central angle of 28 degrees 20
minutes 00 seconds and an arc length of 91 .48 feet;
Thence South 88 degrees 44 minutes 00 seconds East, a distance of 99.71 feet
to the beginning of a tangent curve being concave Southerly and having a radius
of715.00 feet;
Thence along the arc of said curve through a central angle of 41 degrees 34
minutes 00 seconds and an arc length of 518.72 feet to a point of reverse
curvature, said curve being concave Northerly and having a radius of 20.00 feet,
a radial line passing through said point bears South 42 degrees 50 minutes 00
seconds West;
Thence along the arc of said curve through a central angle of 90 degrees 00
minutes 00 seconds and an arc length of 31 .42 feet to the POINT OF
BEGINNING.
•
EXHIBIT B
TO
ORDINANCE NO. 19-18
[Map of the Property]
See following page.
MCR 20110399571
C:( LOT 5 LOT 6 //
MO'' PLAT 430-B A R 90'0 0 00'
/- BLOCK 4 L = 31.42'
LOT 4 —
LOT 1 LOT 3
00 w a
D ,�1-1 1 11 0 � J
5 $' •- I m
LOT 2 R ' P o
z CC
A =81'57'08" Q
\ R = 28.00' �oo� APN 176-10-811 o
��4)��� AREA=250,555 SF Q _87.25'23 cn
R = 20.00'
A =28'20'00" L = 30.52'
R = 185.00'
L = 91.48' /�� 2 0
A =15'21'52"
W R = 230.00' D � ��2"
m L = 61.68' \- i /�
rn trn v
O ocn A =42'51'31" •00,
0\ ----10 R = 175.00' (15 KID 'q--
77 m L = 130.90' ��`°.�'�� O
BLOCK 5 � CIRCLE K
Q =00'58'12" APN
LOT 1 R = 7047.49' ,`� McDONALDS / 176-10-001 X
L = 119.30' APN
176-10-001W
' =89'3 1„
1* _ •.00' SHEA BLVD
L'4; 1.27'
r _ —,$ — -
' ' $ — -
r4
, MAP BASED ON DOCUMENT RECORDED, MAY 11 , 2011 , IN THE
OFFICE OF MARICOPA COUNTY ARIZONA, INSTRUMENT NUMBER
0 75' 150' 20110399571 , EXHIBIT "A", LEGAL DESCRIPTION. BEING A
PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER
SCALE: 1" = 150'
AND THE NORTH HALF OF THE SOUTHWEST QUARTER OF
SECTION 26, T. 3 N., R. 6 E. OF THE GILA AND SALT RIVER
DATE: 4-15-15 BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA.
5/9/2019
Town of Fountain Hills
Staff Presentation
ORD 19-1.8
Rezoning Request from C-1 Neighbour f ,snrnerciai and
Professional to
C-2 Intermediate Commercial
9700 N Saguaro Boulevard
wwwah.n.gor
Request
The applicant is requesting to rezone the
property from C-1 — riekl*eirhood
Commercial and Pro� sioal to C2 —
Intermediate Comme`ci4
This request is be; ire to allow the
development of ici facility on this
site.
www.fh.ax.gc•r
1
5/9/2019
Background
• The C-1 zoning district intent is to
"...provide a location for modest, well-
designed commercial enterprises to serve
a surrounding residential neighborhood,
as well as to provide for services to the
community, which is not detrimental to
the integrity of the surrounding residential
neighborhood, and to provide for the
appropriate location of professional offices
throughout the community!"
• Operations of commercial and professional
activities between the hours of 11 pm to
7am would require a Special Use Permit.
Background
5 ,i411
'"'"z:;-•;" • The C-2 zoning district intent is to
"...provide for the sale of commodities and
the performance of services and other
activities in locations for which the market
area extends beyond the immediate
residential neighborhoods."
- This use would serve trio
community and surrounding areas
outside of the incorporated limits.
No restrictions on hours of operation
- 24 services are allowed by right.
2
5/9/2019
Background
.J
Q�F��T�(lU�iJ^^^. ��. `^ `~ . .
The proposed use is most appropriate in
the C-2 zoning district; ~� .
° The property has sat V8CaOt since pre
iDCOrpO[8tiDO with the C-1 zoning
designation;
° Rezoning to C-2 VVOUld also prOY. ..
additional USeS for drvP!Oring this 5itp.
^
� A IN [��[l���'JU ��| 8 [lyl�/����
� . �^��Lx � . � | n���. `^��/ /
� The property is cu//enUy He/oo'�,vay PAD with �n
underlying zoning designation of [-1 (this means
base underlying zoning is [-1 and the Hemingway |,
is the zoning designation that allows for certain zonin.�
criteria to differ from the hase C'1' as spelled out in /
official PAD documents)
�
Z. The property owner has requested to ,evert the zonio,
back to 'uStC-1 and no longer have the Henningvvay PA[`
designation;
3. The Hemingway PAD designation will expire on May ,
4. The reversion request does not come before `
Planning and Zoning Commission per the [
stipulations
—°'^=g .
3
5/q/2O19
[���l�p'JU�� | � yl���Fi��L
� Procedural| Approach
. =�� �. = ��. ~^�
5. Town Council i5 scheduled take legislative action
—^~
at the June 4Tovvn Council meeting reganjinp
the request for the reversion back toC'1;
6. If that request is approved, the property will
then be 'VSt ['1 without the Hemingway PAD
designation;
7. This request for rezoning property from [-1
t0C-2is contingent upon the approval 1orevert
the property to C-I
8. This request before You tonight is scheduled for
the June 4Tnvvn Council meeting and will !
heard after the request to revert the zonin8 . Y\
/
back to C'l from Hemingway PAD.
°°°'^=:=
~s.
[��[l���—JU�� | Approach
� . ~~..._�� `^ . ^^ |
Request to ,� Request to Request to
� /ezone�om[1 � revert the � rezone the
� ~
to[2' § property from property from
' � �
contingent � Hemingway ~ C1toC2
uponT[ PAD to[1 �
approving the -�
reversion from
Hemingway :��
� m~
PAD to[2
'^—g ,
4
5/9/2019
'`'N"Ii Land Use Designation
a
Fountain Hills1 1
General Plan 2010 --
"Mq�� '� 1' ,ip _.,ter^ �J Land Use Plan
` t '� 1,�, \ I 1 sF jsnsl F IYN ry L w
7/ .~ IsFa srebv ara
'ic-Wei I 1 sFna "°I F Ilyrt,..,,
t _ -.tt' , VPP,iftili, Apo, 'v - ..yy� MF hk,,,FemiyiMeNum
N_• -Mf auvAWtll{emllyaM*
AI tr.
I -� MO-OAlce
,,1�t� ; ii l + Sti p -MUMw1 Use
L „•11; I tl 1-'Mosta'
�� ' di ,0,111 h i NE.-Govern ,
'� =-L7 l\ I'1 ;;__`~� . 4. -s-saga.
, '1 r t VPaA
•
M1.� «,. -GC-Golf Corse
it I j'. al.' r 'J\ '' "`" 1111111111 Fuwre snea r saguaro a ea
1 Spsaf Ran
f`r i #, ,f, �' I rf II IL
°``"I\N'' Adjacent Zoning and Uses
°k v fir..
„ R1 35 low Density R d t 1
I IND-1-Planned Industrials . ,
Subject Property a ,•.-�1 e�^f�i
Existing 24-hr Gas Station and
C
e
r. _,.. ` nd Fast food te
And Fast with operating
hours of 5 am-11 Pm
f
RS Pa-High Density
Multi family
Residential
' ;;Stfk
/ �\
�. P ofesswnal Con
IC-2-Intermediate Commerclal
Former location of Fire Station#2 I
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of
*0111V(e .H V41k- °4 4_
5
5/9/2019
Crir
ON
,` Zoning Designations
gm,
,,°° '"A , Non-residential in vicinit
fAv ,
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r �tj
wwwfh.a:.gc.:
6
5/9/2019
( -''',-7 ,,, General Plan Analysis
,
Chapter Three, Land Use:
• Goal Two: Centralize commercia
employment uses and address their ,isti
pattern of development.
• Objective 2.1 The Town should continue I,
employ a policy to encourage the overall
development of existing commercially zonr-1
li lands and the renovation of unclerutiliz
),
,
,
commercial buildings.
VC)Rezoning this property would allow additional uses that could encourage
\ 6 , development of this existing commercially zoned land in an area that is
cly predoin inantly commercial
c.r
191 \?$1
- ,
0
General Plan Analysis
wf Chapter Three, Land Use:
Goal Three: Investigate the application
special planning area solutions.
• Objective 3.2 The Town should study iss,,
and implement solutions related to infill
revitalization, and redevelopment of
commercial land and existing uses al
Shea Boulevard and Saguaro Boulevard.
i
Rezoning this property would allow additional uses that may be a solution
related to infill along Saguaro Boulevard
•
C
7
5/9/2019
30'-'1"-, General Plan Analysis
,? Chapter Three, Land
• Goal Five: Protect and preserve existing
neighborhoods from incompatible adjack it
land uses.
• Objective 5.1 The Town should encour,
development of infill areas with close
proximity to shopping facilities, recreation,
community services and existing
infrastructure.
Rezoning it could encourage infill commercial development at a major intersection
in town in an area the is predominantly commercial
GAO 911
111"1% General Plan Analysis
Chapter Four, Growth Area,
• Goal One: Provide a community that i
competitive and attractive to business.
• Objective 1.1 The Town should continue
examine creative methods to 4
complementary retail and office bush-
users that have mid to small
requirements and locate them within
existing retail corridors on both Sagu
Boulevard and Fountain Hills Boulevard.
Rezoning could encourage infill commercial development at a major intersection
and along the Saguaro commercial corridor in an area that is predominantly
commercial; a medical facility would be complimentary to existing business and
would add to the mix of existing uses as well as add new uses to serve the town.
8
5/9/2019
General Plan Analysis
Chapter Five, Cost of Development:
• Goal One: Assess the functionality, suitability, 114
21 ,
4 ik i
and sustainability of existing public fa; s 4
and infrastructure. `
• Objective 1.8 The Town should aggressive)
market private health care providers to
consider the locatilht of an urgent
care/hospital to serve the Town and its
surrounding area.
This request for rezoning the property is being made to allow a one-story "12,200
square foot medical facility to be constructed on this site. This is a prime location at
a major intersection for this type of facility.
wtvvafh.az,goy
S
Zoning Information
oaf,s NO'aCD
Zonin: Information
_ YARD SETBACKS
LOT
R FRONT STREET SIDE SIDE REAR HEIGHT COVERAGE
®25 b 10 c O c O d 25 60%
® 10 a,b 0 b,c 0 b,c 0 d 40 60%
a.OR HEIGHT OF THE BUILDING,WHICHEVER IS GREATER.
b.WHEN ADJACENT TO A RESIDENTIAL DISTRICT,REGARDLESS OF WHETHER SEPARATED BY A STREET
OR ALLEY,THERE SHALL BE A FRONT YARD EQUAL TO THE FRONT YARD REQUIRED IN THE ADJOINING
RESIDENTIAL ZONING DISTRICT OR THE BUILDING HEIGHT,WHICHEVER IS GREATER(NOT TO EXCEED 25
FEET).
c.WHEN ADJACENT TO A RESIDENTIAL DISTRICT THERE IS TO BE A 10-FOOT SETBACK OR A DISTANCE
EQUAL TO THE HEIGHT OF THE COMMERCIAL BUILDING,WHICHEVER IS GREATER.WHEN A CORNER LOT
IS ADJACENT TO A RESIDENTIAL DISTRICT,REGARDLESS OF WHETHER SEPARATED BY A STREET OR
ALLEY,THERE SHALL BE A 10-FOOT SETBACK OR HEIGHT OF BUILDING,WHICHEVER IS GREATER.
d.WHEN ADJACENT TO A RESIDENTIAL DISTRICT,REGARDLESS OF WHETHER SEPARATED BY A STREET
OR ALLEY,THERE IS TO BE A 25-FOOT SETBACK OR HEIGHT OF THE BUILDING,WHICHEVER IS GREATER.
IF THERE IS TO BE OTHER THEN A ZERO REAR YARD SETBACK THE MINIMUM SETBACK IS 10 FEET.
www fh.az.gov
9
5/9/2019
�'��� �|� �
.�| �^_ r |^^ . . �-
/�
�
U" �t��� [^�l�' yl�J�`
� v ���`^ | | Findings:
.LJ|. .��.^. �
l� The proposed use-a5rnaUhospiLaivvuhan
ennergencyroUrn - is a much-needed facility that
serves the community and visitors
2. It meets several goals of the General Plan,
3. |tis located Gta prime location for this type nf
facility;
4. The property is already zoned forcornmoerci@i
development and the additional uses allowed i/`
the [-2 Zoning District are not significant;
5. Site Plan will require staff review and approval by
the Development Services Director prior to
issuance ofa building permit;
f h^�~
V
10
5/9/2019
7""% Staff Findings:
6. Site plan must comply with all Toy,.
regulations;
7. Any variations fromlitown regulatk.
would have to go tlicough a public hc
process;
8. A Traffic study, dedication of right-of-w ,:
and required improvements to ROW rn
be made as part of the site plan and
building permit review and approval
process and development of the property;
9. Rezoning the property from C-1 to C-2
•
Staff Findings:
10. Site plan must conform tO LeljtdLie plui,
provided with this request:
• Building is located toward the southeast comei
of the site;
• All access from Trevino;
• Staff will work with the applicant to hiiow.t:
concerns with noise and lights for this use, or
use, for the adjacent residential properties to
north and west
11
5/q/2019
Recommendation
Move tO forward 8 recommendation boTnvVn [uund| bu
APPROVE ORDINANCE l9-I8 amending the Town of
Fountain Hills Official Zoning District Map for
approximately 5'74acres located at the northwest corner
of N Saguaro Boulevard and Trevino Drive from C-1—
Neighborhood Commercial and Professional to C-2—
Intermediate COn1nnerci,:�| (Case#Z2O19-O3),with the
fVllOvviDg5tipulatio|'
° Dedication of all required street right otvvay |o/
adjacent streets; and,
° Providing all right-Of-Vvayirnpr"vernents required for
adjacent streets.
^
�
12
AIN p
4° f 4 TOWN OF FOUNTAIN HILLS
imme-
"141 is At"
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that on Thursday, May 9, 2019 at 6:00 P.M. in the Town
Council Chambers located at 16705 E. Avenue of the Fountain, Fountain Hills, Arizona,
the Fountain Hills Planning & Zoning Commission will conduct a public hearing and
receive comments on ORD #19-08, amending the official Zoning District Maps of the
Town of Fountain Hills, Arizona, by changing the zoning designation of approximately 5.74
acres generally located at the northwest corner of N Saguaro Boulevard and E Trevino
Drive (AKA 9700 N Saguaro Boulevard; APN#176-10-811) from C-1 — Neighborhood
Commercial and Professional Zoning District to C-2 — Intermediate Commercial Zoning
District.
(Case Z2019-03)
NOTICE IS HEREBY GIVEN that on Tuesday, June 4, 2019 at 5:30 P.M. in the Town
Council Chambers located at 16705 E. Avenue of the Fountain, Fountain Hills, Arizona,
the Fountain Hills Town Council will conduct a public hearing and receive comments
on ORD #19-08, amending the official Zoning District Maps of the Town of Fountain
Hills, Arizona, by changing the zoning designation of approximately 5.74 acres generally
located at the northwest corner of N Saguaro Boulevard and E Trevino Drive (AKA 9700
North Saguaro Boulevard; APN#176-10-811) from C-1 — Neighborhood Commercial and
Professional Zoning District to C-2 — Intermediate Commercial Zoning District.
I IN, (Case Z2019-03)
A complete copy of the proposal is available for viewing in the Fountain Hills Planning &
Zoning Office, 7:00 AM - 6:00 PM Monday through Thursday.
For more information, contact Marissa Moore, AICP; Planning and Zoning, Town of
Fountain Hills, 16705 E. Avenue of the Fountain, Fountain Hills, AZ 85268; or by calling
480-816-5139. All interested citizens are encouraged to attend.
Published in FH Times: April 24, 2019 and May 1 , 2019
2 col x 3 . 5
$4 . 75/ci/week
$ 66 . 50 + tax
Paula Woodward
Crom: Marissa Moore
' ient: Monday, April 29, 2019 9:16 AM
To: Paula Woodward
Subject: FW: Public Notice for 4/24 and 5/1
Attachments: Z2019-03.pdf
This is for ORD 19-08 (Z2019-03)—FH Medical rezone.
I don't see that I forwarded this to you from last week.
Marissa
From: Duke Kirkendoll<Duke@fhtimes.com>
Sent: Monday, April 22, 2019 3:51 PM
To: Marissa Moore<mmoore@fh.az.gov>
Subject: RE: Public Notice for 4/24 and 5/1
Hi Marissa,
Attached is the notice for Z2019-03.
Cost is$66.50 plus tax($68.23 total).
filf
hank you,
Duke Kirkendoll
The Fountain Hills Times
www.fhtimes.com
480-837-1925
From: Marissa Moore [mailto:mmoore@fh.az.gov]
Sent: Monday, April 22, 2019 3:43 PM
To: Duke Kirkendoll
Cc: Paula Woodward
Subject: Public Notice for 4/24 and 5/1
Duke—see attached.
Thank you for taking this late.
Marissa Moore,AICP
Al ION b Senior Planner
'i
a \r Town of Fountain Hills
p: (480)816-5139
40, •:irr a: 16705 E.Avenue of the Fountains, Fountain Hills,AZ 85268
^*«
w:www.fh.az.gov e:mmoore@fh.az.gov
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