HomeMy WebLinkAboutOrd 1995-50® ORDINANCE 95-50
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS PURSUANT
CHAPTER 2, SECTION 2.01, BY AMENDING CHAPTER 12
COMMERCIAL ZONING DISTRICTS, TO CREATE A NEW ZONING
DISTRICT ENTITLED "COMMON COMMERCIAL (C-C) AND BY
AMENDING "THE OFFICIAL ZONING DISTRICT MAPS" FOR BLOCK
1, PLAT 106 FROM "C-1" TO "COMMON COMMERCIAL"
WHEREAS Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes.
establishes the authority and procedures for amending the zoning ordinance; and
WHEREAS The Town of Fountain Hills advertised public notices of a size that were one -
eighth page or greater in size, in the official newspaper of general circulation, the
Times of Fountain Hills, on October 25, November 1, 8 and 15, 1995 of public
hearings held by the Fountain Hills Planning and Zoning Commission on
November 9, 1995 and by the Fountain Hills Town Council on November 16,
® 1995, to invite comments from the public; and
WHEREAS The Town has plats within its jurisdiction that were platted on a small lot/common
parking lot scheme that necessitates special commercial zoning designation; and
WHEREAS The Town needs to create a zoning district to accommodate the platting scheme
of these small lot/common parking lot subdivision that were in existence prior to
platting; and
WHEREAS The Town desires to place this new commercial zoning district on plats that will
complete the improvements on the common parking areas;
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1. CHAPTER 7, PARKING AND LOADING REQUIREMENTS, of the Zoning
Ordinance for the Town of Fountain Hills shall be amended to create a new
section entitled "Parking in Areas Zoned "Common Commercial". The areas
shaded are the additions to the text.
® 1 of 10 PASS AIL
MOTION
SECOND
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is CHAPTER
PARKING AND LOADING REQUIREMENTS
7.04 Schedule of Required Off -Street Spaces.
Fs
FGG.Schedule.
® Section 2. CHAPTER 12, COMMERCIAL ZONING DISTRICTS, of the Zoning
Ordinance for the Town of Fountain Hills shall be amended to create a new
zoning district entitled "Common Commercial". The areas shaded are the
additions to the text.
CHAPTER 12
COMMERCIAL ZONING DISTRICTS
12.01 Purpose.
A. C-O. Commercial Office Zoning District. The principal
purpose of this zoning district is to provide for well
designed and attractive business and professional office
facilities on sites in appropriate locations. This zoning
district would constitute a transition between other
commercial land uses and residential neighborhoods.
Principal uses in this zoning district include professional,
semi-professional, and business office uses.
9 Ordinance #95-50 2 of 10
® s C-C
RC. C-1. Neighborhood Commercial and Professional Zoning
District. The Neighborhood Commercial and Professional
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 are 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.
GM C-2. Intermediate Commercial Zoning District. The principal
purpose of this Zoning District 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. 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.
0 Ordinance #95.50 3 of 10
® 01?. C-3. General Commercial Zoning District. The principal
purpose of this Zoning District is to provide for commercial
uses concerned with wholesale or distribution activities in
locations where there is adequate access to major streets or
highways. Principal uses permitted in this Zoning District
include retail and wholesale commerce and commercial
entertainment.
12.02 Permitted Uses.
B. Uses Permitted in C-1, C-C; C-2, and C-3, Zoning Districts are
as follows:
1. Commercial Uses
a.
Amusement arcades
b.
Bakeries
C.
Banks
d.
Barbershops
e.
Bookstores, other than adult bookstores
f.
Child care centers
g.
Delicatessens, No Alcoholic Beverages
h.
® i.
Dry-cleaners and self -serve laundries
Dry -goods and notions
j.
Florists (retail)
k.
Food Stores
1.
Gift Shops
M.
Hardware stores
n.
Insurance agencies
o.
Mortuaries
p.
Pharmacies
q.
Photo shops
r.
Photo studios
S.
Real estate offices
t.
Restaurants, No Alcoholic Beverages
U.
Variety stores
V.
Wearing apparel stores.
2. Professional Office Uses
a. All professional uses permitted in a C-O Zoning
District.
b. Land surveyors
C. Dental and related health professional offices
0 Ordinance #95.50 4 of 10
d. Medical laboratories
e. Private schools for academic instruction
f. Veterinary clinics, no outdoor facilities
g. Other similar professional offices.
3. Public and Quasi -Public Uses
a. Churches
b. Golf courses including club houses located thereon,
but not including miniature courses or practice
driving ranges operated for commercial purposes
C. Libraries, museums, parks, playgrounds, and
community buildings.
d. Public Schools
e. Publicly or privately owned or operated fire stations,
and publicly owned or operated police stations and
post offices
f. Utility Services, but not including public utility
treatment and generating plants or office.
Because no list of uses can be complete, decisions on additional
is with
will be rendered by the Community Development Director
with appeal to the Town Council.
12.03 Uses Subject to Special Use Permits in C-1, C_C C-2, and C-3 Zoning
Districts.
A. Amusement park, arcade, drive-in theater, or outdoor theater,
miniature golf course, and golf driving range.
B. Cemetery, pet cemetery, and mausoleum.
C. Group Homes for Handicapped and Elderly People, Nursing Home,
Homes for the Aged, Convalescent Home.
D. Kennels, indoor or outdoor.
E. Sports arenas.
F. Single and multi -family residential dwellings.
0 Ordinance #95.50 5 of 10
LI
12.04 Uses Subject to Special Use Permits in C-C and C-1 Zoning Districts
Only:
A. Alcoholic beverages, sales and dispensing.
B. Drive-in window facilities.
C. Operation of commercial or professional activities between eleven
p.m. and seven a.m.
D. Outdoor seating area
E. Private schools for vocational education.
F. Retail gasoline sales, subject to compliance with applicable fire and
safety codes. (Limited to four dispensing units serving a maximum
of eight cats simultaneously).
12.07 Additional Regulations.
B. Additional Requirements of C-O C=Cewd C-1 Zoning Districts.
1. Performance Requirements for C-O;GC and C-1 Zoning
Districts.
a. 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.
b. Signs for permitted neighborhood commercial and
professional uses shall conform to Chapter 6 of this
Zoning Ordinance.
C. Site plans shall be designed in such manner that
they minimize the traffic impact of neighborhood
commercial and professional uses on local
residential streets.
d. Buildings and their appurtenances shall be oriented
to limit conflicts with surrounding residential uses
due to noise, light, litter, or dust.
e. No outdoor music or speakers.
0 Ordinance #95-50 6 of 10
® f. When a neighborhood commercial and professional
property abuts the residential district, the following
standards shall be required for non -single family
residential development.
(1) A twenty (20) foot landscaped buffer shall
be provided for the full distance where the
two properties abut.
(2) Lighting of the site shall not exceed fifteen
(15) feet in height and shall be directed
away from residences or residentially zoned
land in the vicinity of the site.
(3) Mechanical equipment must be located or
screened to limit sound transfer to nearby
residentially zoned property.
(4) Noise producing mechanical equipment must
be located at least twenty (20) feet from any
common property line with residentially
zoned property.
(5) Fences shall be maintained along residential
property lines to prevent the intrusion of
unwanted light, dust or blowing debris.
(6)
Openings in buildings and activity centers on
®
sites shall be located to minimize
interference with residential uses.
(7)
Drainage from buildings and parking lot
areas shall be detained on -site and shall be
directed only into a drainage system
approved by the Town Engineer.
(8)
Loading and delivery entrances shall be
located away from the interface with
residential uses or shall be screened to
prevent the intrusion of the commercial or
professional office activities into the adjacent
residential neighborhood.
(9)
All activity (except required on -site parking,
loading and unloading areas, and incidental
or accessory storage and display areas) shall
be within a completely enclosed building,
unless otherwise specifically noted herein.
(10)
All mechanical equipment must be screened
from public view and view of adjoining
properties.
0 Ordinance #95-50 7 of 10
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Section 3. The Official Zoning Districts Map shall be amended to change the zoning district
designation on Block 1, Plat 106, from "C-1" to "Common Commercial (C-C)"
as shown in Attachment "A" on the following conditions:
Place perimeter sidewalks on El Pueblo Boulevard, Glenbrook Drive and
Fountain Hills Boulevard.
2. The entire common parking area is improved in accordance with
improvement plans approved by the Town of Fountain Hills.
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this I U+k day of Noucr„6cr , 1995.
FOR THE TOWN OF FOUNTAIN HILLS
9'r ��=a
tillo, Mayo
REVIEWED BY:
aul ordin, Town Manager
ATTESTED TO:
Cassie B. Hansen, Town Clerk
APPROVED AS TO FORM:
William E. Farrell, Town Attorney
. Ordinance #95.50 9 of 10