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HomeMy WebLinkAboutOrd 1994-23ORDINANCE #94-23 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS AMENDING CHAPTER 2, SECTIONS 2.01 ZONING AMENDMENTS. SECTION 2.02 SPECIAL USE PERMITS SECTION 2.05 PLANNED UNIT DEVELOPMENTS OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO ESTABLISH NEW TIME LIMITS FOR PLANNING AND ZONING COMMISSION REVIEWS AND STATE AN AUTOMATIC FORWARD OF APPLICATIONS TO THE TOWN COUNCIL WITH A RECOMMENDATION FOR DENIAL IF SUCH TIME LIMITS ARE NOT MET AND THE APPLICANT DOES NOT CONSENT TO FURTHER EXTENTION. WHEREAS The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills; and WHEREAS The Town of Fountain Hills desires to increase the amount of time the Planning ® and Zonig Commission may review a project; and WHEREAS The Town of Fountain Hills desires to have applications not acted upon by the Planning and Zoning Commission within this timeframe automatically forwarded to the Town Council if the applicant does not consent to a further continuance; and WHEREAS Public hearings were advertised in the January 26, 1994, February 2, 1994, February 9, 1994, September 21, 1994, September 28, 1994 and October 5, 1994 editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04, and WHEREAS Public hearings were held by the Fountain Hills Planning and Zoning Commission on February 10, 1994 and the Mayor and Common Council on October 6, 1994. 1994. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of ® Fountain Hills shall be amended follows. The shaded text shows the added language and the strike -out text shows the language deleted: ® CHAPTER 2 PROCEDURES 2.01 Amendments or Zone Changes. D. Commission Action. 1. Upon receipt of any complete application for amendment, the Community Development Director shall fix a reasonable time for the hearing of the proposed zone change, amendment, or addition and shall give notice in accordance with the Public Notice Requirements Deadline in Section 2.01 C of this Ordinance. The Commission may for any reason, when it deems such action necessary or desirable, continue such hearing to a time and certain place. Within siXty (60j sweaty- eee(21) days after the date elese of the oiiginal 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. H6we4er €.if<'tlfe ® 2.02 Special Use Permits. D. Commission Action and Findings. 3. The Commission shall consider the application at the fust 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 (2) continue the matter to a specified date (but not longerttian'sty (60) daysfrom'tHe date?ofythe ori i131`11eann _ lase_ than the next _e gulafly seheduled fneeting) is at ® 4 drscnpnon of the area:affected: 45. 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. 36. 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. 67. 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. ® -7S. 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. 2.05 Planned Unit Developments. B. Review and Report Procedures. Prior to any "PUD" being approved, concept and precise plans as further required below shall be submitted and approved by both the Planning and Zoning Commission and the Town Council. The following procedures shall be followed for review and report: 3. The Commission, having held a public hearing, shall then present its report and recommendation and the concept plan to the Town Council for consideration and public hearing, if required. Notice and procedure for public hearing shall conform with the procedures prescribed in Section 2.01 C. of this Chapter.Within `siicty;>(60) 'days:: aftei date' of. ahe 11 r1 u PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this (o t h day of l C.+ -o b C r , 1994. FOR THE TOWN OF FOUNTAIN HILLS: 17-�tii`o, Mayor REVIEWED BY: Paul L. Nordin, Town Manager ATTESTED TO: Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: rf .9 William E. Farrell, Town Attorney