HomeMy WebLinkAboutOrd 2000-06A
TOWN OF FOUNTAIN HILLS
ORDINANCE 00-06
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 28.6t ACRES OF LAND, AS
LEGALLY DESCRIBED IN EXHIBIT "A" AND GRAPHICALLY
DEPICTED IN EXHIBIT `B", FROM THE "IND-2" LIGHT INDUSTRIAL
ZONING DISTRICT TO THE "C-2 P.U.D." INTERMEDIATE
COMMERCIAL PLANNED UNIT DEVELOPMENT 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 January 26, February 2, 9 and March 1, 8 and
15, 2000 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 February 10, 2000 and the Mayor and Common Council on April 6, 2000; and
WHEREAS, The Future Land Use Plan Map in the Town of Fountain Hills General Plan has
been amended by Resolution 99-23 to designate the land depicted in Exhibits "A &
B" for General/Retail Commercial land uses,
Ordinance 00-06
Page 1 of 9
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL
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 28.6± acres of land, as legally described in Exhibit "A" and
graphically depicted in Exhibit `B", from the "IND-2", Light Industrial 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 Unit Development" Zoning District,
Case # Z99-24, shall be all of the standards of the "C-2" Intermediate Commercial
Zoning District, as amended, except where specifically modified in Sections 3
through 12 of this Ordinance.
Section 3. Project Identification Monument Signs. Two project identification monument
signs along Shea Boulevard shall be permitted, at the locations shown on Exhibit
"C." These two signs shall not shall not exceed ten (10) feet in height and fourteen
(14) feet in width with a ten (10) foot by ten (10) foot signbox. No monument
signage shall be permitted along Saguaro Boulevard. All pad lots along Shea
Boulevard may have one monument sign as permitted in the "C-2" Zoning District.
All monument signs shall be limited to individual letters/symbols attached to the
face of the monument. No other monument or any other freestanding signs are
permitted on the entire site. All monument signs shall utilize similar materials
and colors as used in the construction of the building complex. Internal
illumination is prohibited. All monument signage shall not be illuminated
between the hours of 12 PM and 6 AM, unless approved by Special Use Permit.
Monument signage for pad lots that have a Special Use Permit for after-hours
business activity may illuminate the monument sign for that business for the hours
that business is open. 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 located within a building setback, unless the sign is no more than
3.5 feet in height. The two project identification monument signs may contain
sign copy pertaining to only the main anchor and up to three other tenants having
at least 7,500 square feet of leasable space.
Ordinance 00-06
Page 2 of 9
Section 4. The permitted sign area for an individual business is based on a one-to-one ratio.
The total aggregate area of one (1) face of all signs pertaining to any one business
on the entire site, including freestanding and/or monumentation signage, shall not
exceed an area in square feet equal in number 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 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 a maximum
of two (2) square feet per business to display information pertaining to hours of
operation, open/close sign etc. No advertising signs on or near windows will be
permitted. Prior to the issuance of any sign permit for this site 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 5. The following uses are specifically permitted within this "C-2 P.U.D." Zoning
District:
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. Appliance sales, repair and service.
3. Automotive fuel dispensing stations or gasoline sales.
4. Automobile laundries, car washes or automobile detailing
businesses only as an accessory use to an automobile fuel
dispensing station.
5. Bakeries.
6. Banks.
7. Barbershops.
8. Bars — On premise consumption only. No adult entertainment.
9. Blueprint, photostatic and reproduction (copy) services.
10. Bookstores, other than adult bookstores.
11. Catering establishments not utilizing any manufacturing process or
outside storage of materials or vehicles.
12. Child care centers.
13. Conservatories or studios: Visual arts, dancing or music. Includes
the creation, display and sale.
14. Drive-in restaurants and refreshment stands.
Ordinance 00-06
Page 3 of 9
15. Drive-in window facilities.
16. Dry-cleaners.
17. Dry -goods and notions.
18. Florists (retail).
19. Food Stores.
20. Furniture stores: New, used, finished or unfinished; No
manufacturing.
21. Gift Shops.
22. Hardware stores.
23. Health spas and public gyms.
24. Insurance agencies.
25. Kennels, indoor, but outdoor kennels are not permitted.
26. Laboratories, medical or dental.
27. Outdoor seating areas for restaurants, delicatessens, cafes or bars
with or without alcoholic beverage service.
28. Outside storage for the retail sale of landscape materials as an
accessory use of a major tenant, provided that all outdoor storage
areas are screened from public view and the view from adjoining
properties.
29. Parking lots and public garages, subject to parking standards in
Chapter 7.
30. Pharmacies.
31. Photo shops.
32. Photo studios.
33. Printing, lithography and publishing establishments.
34. Private schools for academic instruction.
35. Restaurants, delicatessens and cafes (including the sale of alcoholic
beverages — On premise consumption only).
36. Retail stores.
37. Theaters, but not including a drive-in theater or adult oriented
facilities as defined under Chapter 1, Section 1.12 of this Ordinance.
38. Variety stores.
39. Veterinary hospitals and clinics for animals.
40. Wearing apparel stores.
41. Accessory buildings and uses customarily incidental to the above.
Because no list of uses can be complete, the Community Development Director will
render decisions on additional uses with appeal to the Town Council.
Ordinance 00-06
Page 4 of 9
The following uses are specifically prohibited within this "C-2 P.U.D." Zoning
District:
1. Amusement parks, arcades, drive-in or outdoor theaters, miniature
golf courses, and golf driving ranges.
2. Automobile repair shops and garages.
3. Cemeteries, pet cemeteries, or mausoleums.
4. Golf Courses as a primary use, including clubhouses located
thereon, including miniature courses or practice driving ranges
operated for commercial purposes.
5. Hotels and Motels
6. Laundries, self -serve or coin operated.
7. Metal and ornamental iron shops.
8. Mortuaries.
9. Plumbing shops.
10. Pool halls or billiard centers.
11. Private schools for vocational education.
12. Public schools.
13. Radio and television broadcasting stations and studios, but not
including transmitter towers and stations.
14. Sports arenas.
15. Trade schools.
16. Upholstery shops.
17. Any commercial activity between the hours of 12 AM and 6 AM
Monday mornings through Friday Mornings, and between the hours
of 1 AM and 6 AM on Saturday and Sunday Mornings.
Section 6. 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 7. The major and minor grocer anchor spaces, as shown in Exhibit "C" shall not be
divided into smaller leasable tenant spaces or sublet to separate ancillary uses of less
than 100,000 square feet and 20,000 square feet, respectively.
Section 8. No occupancy permit for any buildings on the site shall be issued until a final
occupancy permit for the major anchor tenant has been issued and is open for
business.
Section 9. Landscaping, lighting, building architecture and elevations for the site shall comply
with the standards set forth in the Town Center Commercial Zoning District,
Section 18.08 C, and as indicated in Exhibit "C". All outside lighting shall not
exceed twenty (20) feet in height and shall be fully shielded and directed away from
any residential uses in the vicinity of the site.
Ordinance 00-06
Page 5 of 9
Section 10. All mechanical equipment must be screened from public view and the view from
adjoining properties.
Section 11. The property owner or its successors/assigns do not have the ability to develop the
property using the underlying "C-2" base -zoning district. The property shall only be
developed and utilized in a manner that is, in the opinion of the Community
Development Director, in substantial conformance with Exhibit "C", the Plan of
Development for the site and with the regulations contained in this Ordinance. In
the event the property owner desires to develop the property in a manner that is in
substantial non-conformance with Exhibit "C" and/or this ordinance, the Planned
Unit Development shall first be amended or the site rezoned, pursuant to Section
2.01 of The Zoning Ordinance for the Town of Fountain Hills.
Section 12. All of the density, area, building and yard regulations of Section 12.13 of The
Zoning Ordinance for the Town of Fountain Hills shall apply, except there shall be a
forty (40) foot minimum landscaped setback along the site's frontage with Saguaro
Boulevard.
Section 13. Commercial activity between the hours of 12 AM and 6 AM Monday mornings
through Friday Mornings, and between the hours of 1 AM and 6 AM on Saturday
and Sunday mornings shall only be permitted by Special Use Permit.
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this 6t' day of April, 2000.
FOR THE TOWN OF FOUNTAIN HILLS:
Sharon Morgan, Ma or
REVIEWED BY:
ATTESTED TO:
Cassie B. Hansen, Town Clerk
APPROVED AS TO FORM:
Paul L. Nordin, Town Manager William E. Farrell, Town Attorney
Ordinance 00-06
Page 6 of 9
EXHIBIT "A"
Legal Description
Ordinance 00-06
Page 7 of 9
Stantec Consulting Inc
425 South 48 Street Suite 101
Tempe AZ 85281-2315 USA
Tel: (480) 557-9100 Fax: (480) 557-9300
www.stantec.com
29
Stantec
Exhibit "A"
LEGAL DESCRIPTION
Being a portion of the West half of Section 26 and a portion of the East half of
Section 27, Township 3 North, Range 6 East of the Gila and Salt River Base and
Meridian, Maricopa County, Arizona, being more particularly described as
follows:
BEGINNING at the most Northerly corner of Bank of America Parcel as in Book
407 of Maps, page 10 and in Recorders No. 95-0725986, records of Maricopa
County, Arizona, said corner being on the Southerly right-of-way line of Shea
Boulevard;
THENCE South 37 degrees 55 minutes 34 seconds West, along the Westerly
line of said Bank of America Parcel, a distance of 117.88 feet to a corner of said
Bank of America Parcel;
THENCE South 61 degrees 20 minutes 00 seconds East, along the Southerly
line of said Bank of America Parcel, 130.11 feet;
THENCE South 32 degrees 07 minutes 00 seconds East, along the Southerly
line of said Bank of America Parcel, 329.10 feet to the beginning of a non -tangent
curve concave Northwesterly, said curve also being the Westerly right-of-way line
of Saguaro Boulevard as shown on FOUNTAIN HILLS ARIZONA FINAL PLAT
NO.412-A, recorded in Book 158 of Maps, page 20, records of Maricopa County,
Arizona, the center of which bears North 36 degrees 16 minutes 39 seconds
West, 758.00 feet;
Buildings
THENCE Southwesterly along the arc of said curve and said right-of-way line
Environment through a central angle of 21 degrees 58 minutes 39 seconds, an arc distance of
290.75 feet;
Industrial
THENCE South 75 degrees 42 minutes 00 seconds West, along said right-of-way
Management Systems line, 155.00 feet to the beginning of a tangent curve to the left, having a radius of
842.00 feet;
Transportation
THENCE Southwesterly along the arc of said curve and said right-of-way line
Urban land through a central angle of 25 degrees 04 minutes 00 seconds, an arc length of
368.37 feet to a point on a non -tangent curve concave Northwesterly, the center
of which bears North 39 degrees 22 minutes 00 seconds West, 20.00 feet;
W:UOB\42049\01\Boundary Exhibit Desc.doc
THENCE along the arc of said curve through a central angle of 86 degrees 40
minutes 29 seconds, an arc distance of 30.26 feet to the Southwesterly right-of-
way line of Laser Drive as shown on said FOUNTAIN HILLS ARIZONA FINAL
PLAT NO.412-A;
THENCE North 36 degrees 02 minutes 29 seconds West, along said right-of-way
line, 24.45 feet to the beginning of a tangent curve to the left, having a radius of
370.00 feet;
THENCE along the arc of said curve and said right-of-way line, through a central
angle of 21 degrees 57 minutes 31 seconds, an arc distance of 141.80 feet;
THENCE North 58 degrees 00 minutes 00 seconds West, along said right-of-way
line, 365.00 feet to the beginning of a tangent curve to the left, having a radius of
370.00 feet;
THENCE along the arc of said curve and said right-of-way line, through a central
angle of 32 degrees 00 minutes 00 seconds, an arc distance of 206.65 feet;
THENCE North 90 degrees 00 minutes 00 seconds West, along said right-of-way
line, 20.00 feet to the beginning of a tangent curve to the left, having a radius of
20.00 feet;
THENCE along the arc of said curve through a central angle of 90 degrees 00
minutes 00 seconds, an arc distance of 31.42 feet to a point on the East right-of-
way line of Technology Drive, as shown on said FOUNTAIN HILLS ARIZONA
FINAL PLAT NO.412-A;
THENCE North 00 degrees 00 minutes 00 seconds East, along said right-of-way
line, 250.00 feet to the beginning of a tangent curve to the left, having a radius of
630.00;
THENCE along the arc of said curve, and said right-of-way line, through a central
angle of 24 degrees 48 minutes 00 seconds, an arc distance of 272.69 feet;
THENCE North 24 degrees 48 minutes 00 seconds West, along said right-of-way
line, 270.00 feet;
THENCE departing said right-of-way South 65 degrees 12 minutes 00 seconds
West, 60.00 feet to the West right-of-way line of said Technology Drive, and the
beginning of a non -tangent curve concave to the Northeast, the center of which
bears North 57 degrees 39 minutes 57 seconds East, 429.45 feet;
Stantec
THENCE Northerly along the arc of said curve, and said right-of-way, line through
a central angle of 20 degrees 03 minutes 12 seconds, an arc distance of 150.31
feet;
W:UOB\42049\01\Boundary Exhibit Desc.doc
$taf1teC
THENCE North 65 degrees 04 minutes 14 seconds West, 771.28 feet;
THENCE North 19 degrees 56 minutes 35 seconds East, 179.77 feet to a non -
tangent curve, concave Southwesterly, the center of which bears South 18
degrees 43 minutes 10 seconds West, 6647.49 feet;
THENCE Southeasterly along the arc of said curve, through a central angle of 17
degrees 55 minutes 01 seconds, an arc distance of 2078.73;
THENCE North 36 degrees 38 minutes 11 seconds East, 150.00 feet to the
POINT OF BEGINNING.
Comprising 29.24 acres more or less.
33856
JAMES A.
i EKBERG
MJ0B\42049\01\Boundary Exhibit Desc.doc
Lot name: TOTAL -A
North: 920.3734
Line Course: S 58-00-00 E
North: 726.9529
Curve Length: 141.80
Delta: 21-57-31
Chord: 140.94
Course In: S 32-00-00 W
RP North: 413.1751
End North: 630.8718
Line Course: S 36-02-29 E
North: 611.1017
Curve Length: 30.26
Delta: 86-40-29
Chord: 27.45
Course In: S 53-57-31 W
RP North: 599.3344
End North: 583.8723
Curve Length: 368.37
Delta: 25-04-00
Chord: 365.44
Course In: S 39-22-00 E
RP North:-67.0802
End North: 748.8311
Line Course: N 75-42-00 E
North: 787.1159
Curve Length: 290.75
Delta: 21-58-39
Chord: 288.97
Course In: N 14-18-00 W
RP North: 1521.6298
End North: 910.5600
Line Course: N 32-07-00 W
North: 1189.2970
Line Course: N 61-20-00 W
North: 1251.7124
Line Course: N 37-55-34 E
North: 1344.6967
Curve Length: 225.02
Delta: 1-53-48
Chord: 224.99
Course In: S 38-31-59 W
RP North:-3972.6323
End North: 1481.9364
Line Course: S 36-38-11 W
North: 1361.5706
Curve Length: 2078.73
Delta: 17-55-01
Chord: 2070.29
Course In: S 36-38-11 W
RP North:-3972.6323
End North: 2323.2149
East: 5703.4209
Length: 365.00
East: 6012.9585
Radius: 370.00
Tangent: 71.78
Course: S 47-01-15 E
Course Out: N 53-57-31 E
East: 5816.8884
East: 6116.0675
Length: 24.45
East: 6130.4531
Radius: 20.00
Tangent: 18.87
Course: S 07-17-46 W
Course Out: S 39-22-00 E
East: 6114.2813
East: 6126.9669
Radius: 842.00
Tangent: 187.18
Course: N 63-10-00 E
Course Out: N 14-18-00 W
East: 6661.0313
East: 6453.0582
Length: 155.00
East: 6603.2556
Radius: 758.00
Tangent: 147.19'
Course: N 64-42-41 E
Course Out: S 36-16-39 E
East: 6416.0304
East: 6864.5364
Length: 329.10
East: 6689.5721
Length: 130.11
East: 6575.4102
Length: 117.88
East: 6647.8646
Radius: 6797.49
Tangent: 112.51
Course: N 52-24-55 W
Course Out: N 36-38-11 E
East: 2413.2591
East: 6469.5568
Length: 150.00
East: 6380.0466
Radius: 6647.49
Tangent: 1047.93
Course: N 62-19-19 W
Course Out: N 18-43-10 E
East: 2413.2591
East: 4546.6675
N
R
Line Course: S 19-56-35 W
North: 2154.2253
Line Course: S 65-04-14 E
North: 1829.1294
Curve Length: 150.31
Delta: 20-03-12
Chord: 149.54
Course In: N 77-43-09 E
RP North: 1920.4749
End North: 1690.7809
Line Course: N 65-12-00 E
North: 1715.9480
Line Course: S 24-48-00 E
North: 1470.8481
Curve Length: 272.69
Delta: 24-48-00
Chord: 270.57
Course In: S 65-12-00 W
RP North: 1206.5933
End North: 1206.5933
Line Course: S 00-00-00 W
North: 956.5933
Curve Length: 31.42
Delta: 90-00-00
Chord: 28.28
Course In: S 90-00-00 E
RP North: 956.5933
End North: 976.5933
Line Course: S 90-00-00 E
North: 976.5933
Curve Length: 206.65
Delta: 32-00-00
Chord: 203.97
Course In: S 00-00-00 W
RP North: 606.5933
End North: 920.3711
Length: 179.77
East: 4485.3505
Length: 771.28
East: 5184.7684
Radius: 429.45
Tangent: 75.93
Course: S 22-18-27 E
Course Out: S 57-39-57 W
East: 5604.3912
East: 5241.5304
Length: 60.00
East: 5295.9971
Length: 270.00
East: 5409.2491
Radius: 630.00
Tangent: 138.51
Course: S 12-24-00 E
Course Out: S 90-00-00 E
East: 4837.3493
East: 5467.3493
Length: 250.00
East: 5467.3493
Radius: 20.00
Tangent: 20.00
Course: N 45-00-00 E
Course Out: N 00-00-00 E
East: 5487.3493
East: 5487.3493
Length: 20.00
East: 5507.3493
Radius: 370.00
Tangent: 106.10
Course: S 74-00-00 E
Course Out: N 32-00-00 E
East: 5507.3493
East: 5703.4194
Perimeter: 6618.58 Area: 1,273,481 sq.ft. 29.24 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0028 Course: S 31-49-09 W
Error North:-0.00238 East:-0.00148
Precision 1: 2,361,181.21
33856
JAMES A.
EKBERG
A
EXHIBIT `B"
Rezone Map
Ordinance 00-06
Page 8 of 9
t BOUNDARY EXHIBIT
Job No.: 24204901
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ANGLE
DISTANCE
L1
N 36'02'29' W
I24.45'
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1 20.00'
CURVE
DELTA
RADIUS
ARC LENGTH
C1
86.40.29'
20.00'
1 30.26'
C2
90'00'00'
f 20.00-
31.42'
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P:\24204901 FIELDSUR EXHIBIT -BOUNDARY. DWG
Prepared By. JAE Date: 02/14/00 Checked By MJP Sheet No: 1 Of 1
EXHIBIT "C"
Plan of Development
Ordinance 00-06
Page 9 of 9
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