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HomeMy WebLinkAboutOrd 2000-29TOWN OF FOUNTAIN HILLS ORDINANCE 00-29 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, AS ARIZONA PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, TO AMEND THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS BY DESIGNATING 28.6± ACRES OF LAND, AS LEGALLY DESCRIBED IN EXHIBIT "A" AND GRAPHICALLY DEPICTED IN EXHIBIT "B", THE "C-2 P.U.D." INTERMEDIATE COMMERCIAL PLANNED UNIT DEVELOPMENT ZONING DISTRICT AS ADOPTED UNDER ORDINANCE 00-06. 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. establishes the authority and boundaries; and Section 2.01, Amendments or Zone Changes. procedures for amending the zoning district 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 October 25, 2000, November 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 November 9, 2000 and the Mayor and Common Council on November 16, 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 00-29 Page 1 of 6 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 modify the Zoning District designation of 28.6± acres of land, as legally described in Exhibit "A" and graphically depicted in Exhibit "B", to modify the "C-2 P.U.D.", Intermediate Commercial Planned Unit Development Zoning District as adopted under Ordinance 00-06. 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 Ordinance 00-06 and as further amended in Section 3 of this Ordinance. Section 3. Section 5 of Ordinance 00-06 is hereby amended to read as follows. Language proposed to be added is shown as double -underlined and language proposed to be deleted is shown as or-essed out: 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 by Special Use Permit only. 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. Convenience Stores by Special Use Permit only. 14. Conservatories or studios: Visual arts, dancing or music. Includes the creation, display and sale. Ordinance 00-29 Page 2 of 6 15. Drive-in restaurants and refreshment stands. 16. Drive-in window facilities. 17. Dry-cleaners. 18. Dry -goods and notions. 19. Florists (retail). 20. Food Stores. 21. Furniture stores: New, used, finished or unfinished; No manufacturing. 22. Gift Shops. 23. Hardware stores. 24. Health spas and public gyms. 25. Insurance agencies. 26. Kennels, indoor, but outdoor kennels are not permitted. 27. Laboratories, medical or dental. 28. Outdoor seating areas for restaurants, delicatessens, cafes or bars with or without alcoholic beverage service. 29. 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. 30. Parking lots and public garages, subject to parking standards in Chapter 7. 31. Pharmacies. 32. Photo shops. 33. Photo studios. 34. Printing, lithography and publishing establishments. 35. Private schools for academic instruction. 36. Restaurants, delicatessens and cafes (including the sale of alcoholic beverages - On premise consumption only). 37. Retail stores. 38. Theaters, but not including a drive-in theater or adult oriented facilities as defined under Chapter 1, Section 1.12 of this Ordinance. 39. Variety stores. 40. Veterinary hospitals and clinics for animals. 41. Wearing apparel stores. 42. 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. 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. Ordinance 00-29 Page 3 of 6 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. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 16th day of November, 2000. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk BY: Town Manager APPROVED AS TO FORM: &�' William E. Farrell, Town Attorney Ordinance 00-29 Page 4 of 6 EXHIBIT "A" Legal Description Ordinance 00-29 Page 5 of 6 Stantec Consulting Inc 425 South 48 Street Suite 101 Tempe AZ 85281.2315 USA Tel: (480) 557.9100 Fax: (480) 557-9300 wwwstantec.com W StantK 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 comer 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; In"ustrial 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 through a central angle of 25 degrees 04 minutes 00 seconds, an arc length of Urban land 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; StatrteC 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 taw feet; w:U013\42049\01\Boundary Exhibit Desc.doc Stantec 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. W:V013442049\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 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 EXHIBIT `B" Rezone Map Ordinance 00-29 Page 6 of 6 sj*ct- BOUNDARY EXHIBIT Job No: 24204901 UNE ANGLE DISTANCE Lt N 36'02'29' W 24.45' L2 N 90'00'00' W I 00' CURVE DELTA RADIUS ARC LENGTH C1 86'40'29' 20.00' 30.26 C2 I 90'00'00' 1 20.00' 1 31.47 gy� G i �g ? N79*3s JS,r 7�9 � ` 1 a r Oy ti Or �. X. TECHNOLOGY {7; • 000ii3p 0. $� �'• 0��tif 1Cc' to p N VV (✓ 425 S. 48th STREET, SUITE 101 TEMPE, AZ 85281-2315 PH: [480] 557-9100 FAX: [480] 557-9300 ENGINEERING . PLANNING . stantec .LANDSCAPE ARCHITECTURE . WATER RESOURCES. . SURVEYING . TRANSPORTATION . P:\24204901 FIELDSUR EXHIBIT-BOUNDARY.DWG prepared By JAE Date: 02/14/00 p Exhibit "B" Checked By- MJP Sheet No., 1 Of 1