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Home My WebLink AboutOrd 1999-29 TOWN OF FOUNTAIN HILLS ORDINANCE 99-29 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AND BY AMENDING THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS BY DESIGNATING 2.023 ACRES OF LAND, AS LEGALLY DESCRIBED IN EXHIBIT "A" AND GRAPHICALLY DEPICTED IN EXHIBIT "B" FROM "R-3" MULTI-FAMILY RESIDENTIAL ZONING DISTRICT TO "C-2 P.U.D." INTERMEDIATE COMMERCIAL ZONING DISTRICT. 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, Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes. establishes the authority and procedures for amending the zoning district boundaries; and WHEREAS, Chapter 3 ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES THEREOF, Section 3.02 Boundaries Lines on the Zoning Districts Maps.establishes the "Official Zoning Districts Map"; and WHEREAS, Public hearings were advertised in the September 29, October 6, 13, and 20, 1999 editions of The Fountain Hills Times, pursuant to Arizona Revised Statutes §9- 462.04, and WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on October 14, 1999 and the Mayor and Common Council on October 21, 1999; and WHEREAS, The Future Land Use Plan Map in the Town of Fountain Hills General Plan has been amended by Resolution 1999-51 to designate the area as described in Exhibits "A&B",for General/Retail Commercial land uses, Ordinance 99-29 Cr Page 1of5 'ASS/ AIL I0�a1 - 5 it •N 41S SECOND Motu.)Cr COUNT _"V NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL (kr, OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS: Section 1. The "Official Zoning Districts Map" shall be amended to change the Zoning District designation of 2.023 acres of land, as legally described in Exhibit "A" and graphically depicted in Exhibit "B", from the "R-3, Multi-Family Residential Zoning District to the "C-2 P.U.D.", Intermediate Commercial Planned Unit Development Zoning District. Section 2. The Zoning Regulations for this "C-2 Planned Units Development" Zoning District, Case # Z99-15, shall be all of the standards of the "C-2" Intermediate Commercial Zoning District, as amended, except where specifically modified in Sections 3 through 9 of this Ordinance. Section 3. The minimum "Density, Area, Building and Yard Regulations" for this "C-2 Planned Unit Development" Zoning District shall be all of the standards of the "C-2" Intermediate Commercial Zoning District of The Zoning Ordinance for the Town Of Fountain Hills, except for building height and setbacks as stated below. 1. Building Height shall not exceed 25 feet. 2. The minimum yard setbacks shall be as follows: a. The setback from the Palisades Blvd. and LaMontana Dr. property lines shall be 10 feet. b. The setback from the Almont Dr. property line shall be 25 feet. c. The setback from the common property line with Lot 10, Block 3, Final Plat 102, Lot 2, Block 3, Final Plat 102 and San Loraine Condominiums shall be 25 feet to the required 8' high screen wall to provide for minimum 25' landscape area. Section 4. One project identification monument sign shall be permitted for the entire site, with individual letters/symbols attached to the face of the monument. No other monument or any freestanding signs are permitted on the site. The monument sign shall utilize similar materials as used in the construction of the building complex. Internal illumination is prohibited. Signs may be illuminated by a focused, hooded light source or through reverse pan channel letters with a hidden light source. In no case shall such a sign be taller than five (5) feet or taller than forty-two (42) inches if the sign is located within a building setback. Such signs shall not exceed twenty-four(24) square feet in area. The project identification monument sign may not contain sign area for the individual business located within the project. Section 5. Sign area is based on a one-to-one ratio. The total aggregate area of one (1) face of all signs pertaining to any one business shall not exceed the square footage Ordinance 99-29 Page 2 of 5 equal to the linear building frontage for that business. The sign area for businesses occupying space on the corner of a building shall be calculated from the linear frontage of the building. The frontage shall be the side of the building that is either on the same frontage as the other businesses in the same building or the side of a freestanding single business building having the main entrance. Window signs shall be limited to two (2) square feet maximum. Prior to he issuance of any sign permit for this project a Comprehensive Sign Package, per Chapter 6, Section 6.06 of The Zoning Ordinance of the Town of Fountain Hills, shall be submitted to and approved by the Community Development Department. Banners, pennants and other displays are allowed only as stated in Chapter 6, Section 6.08.0 of the Zoning Ordinance of the Town of Fountain Hills. Section 6. The following uses are specifically prohibited within this "C-2 P.U.D." Zoning District: 1. Amusement arcades 2. Automobile laundries, provided steam cleaning is confined to an enclosed building. 3. Automobile repair shops and garages, including an outside vehicle storage area to be used only for vehicles under repair which shall be completely screened from any street or surrounding property, and further provided all repair operations are conducted within a building. 4. Automotive fuel dispensing stations. 5. Bars, including retail sales of package goods for off-site consumptions, provided that there is no entertainment or music audible off-site. No adult entertainment. 6. Hotels and Motels Drive-in windows may be permitted by Special Use Permit only. Section 7. Businesses having required parking rates greater than 1 space per 250 s.f gross leasable floor area are permitted only if adequate on-site parking is provided Section 8. Landscaping shall comply with the standards set forth in the Master Landscape and Lighting Plan of the Town Center Commercial Zoning District. Section 9. Building elevations shall comply with the standards set forth in the Master Architectural Design Guidelines of the Town Center Commercial Zoning District. Section 10. The property owner or its successors/assigns do not have the ability to develop the property using the underlying "C-2" base zoning district. In the event the property owner desires to develop the property in a manner that is in substantial non- compliance with this ordinance, the Panned Unit Development shall first be Ordinance 99-29 Page 3 of 5 amended, pursuant to Section 2.01 of The Zoning Ordinance for the Town of Fountain Hills. Section 11. The effective date of this ordinance shall be ten (10) days after the effective date of Resolution !999-51. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona,this 21st day of October 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: AcujiLt.: t, ._...,,,,,A.......) Sharon Morgan,Ma or Cassie B.Hansen,Town Clerk ' D BY• APPROVED AS TO FORM: / / / , /' ://l- 1.7(c.';(i 0 c."-- ,'"/("c ,._ Paul L. rdin,Town Manager William E.Farrell,Town Attorney V L L. Ordinance 99-29 Page 4 of 5 EXHIBIT"A" "C-2 P.U.D."Legal Description P Fountain Hills Final Plat 102,Block 3,Lots 1, 11 & 12 EXHIBIT"B" G� lQ.� E Rezone Map )R I 55 p 00 L E- i 100 0 � ' p/ '0 N 10° 0 v 5 , �1 ,� � . 1I• u,i\,, 0' , a A. � 1°0 0° ¢ 413 �� g�, �- - 100.3 r -r \ti �U �i ,11, , 5 1h.0 003E 3 ,c - , ‘ , , ,, (�0 �69" (,n91 L � m (yl4 ti� \' Q`� 1�.� J t 2 r p p� t`j v ; ‘ IR ,Ce4 ir'' 1 1 t 'z . /0 '^'---\ ` 0�6(�0�r ; 04iD� �� OB Al) �,o • 4 / ,�, 3 'f ,'' ? ', ti 1 e vitc:132 �9 ----=o ff QR` ti ,Q ti; . 4#4 �\ Q `� 1� I Off �r 8 i it:// i ‘;, ,4,, ,I. . .1 ,�. O O s. boo i B F v h ft \. 11, AO -07- -•00 h( a. Loy Ordinance 99-29 �� ' Page 5 of 5 gy p/`