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HomeMy WebLinkAboutOrd 2020-01 ORDINANCE NO. 20-01 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE CHAPTER 25, ENTERTAINMENT OVERLAY DISTRICT, OF THE FOUNTAIN HILLS ZONING ORDINANCE BY ADDING SECTION 25.04, USES PERMITTED BY SPECIAL USE PERMIT RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills (the "Zoning Ordinance"); and WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter 25, Entertainment District Overlay, relating to the maximum density of single- and multi- residential land use; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIz. REV. STAT. § 9-462.04, public hearings regarding this ordinance were advertised in the November 27, 2019 and December 4, 2019 editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on December 12, 2019 and by the Town Council on January 21, 2020. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Zoning Ordinance, Chapter 25, (Entertainment Overlay District), is hereby amended by adding Section 25.04 (Uses Subject to Special Use Permit), as follows: SECTION 25.04 USES SUBJECT TO SPECIAL USE PERMIT A. SINGLE- OR MULTIPLE-RESIDENTIAL DENSITIES IN EXCESS OF 8 DWELLING UNITS PER ACRE. SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be unconstitutional by the decision of any court of ORDINANCE 20-01 PAGE 2 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona this 21st day of January, 2020. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: G y Dickey, Mayor izabet . Burke, Town lerk REVIEWED BY: APPROVED AS TO FORM: C.. . \ljt/ti Grady E. M. r, T n Manager Aaron D. Arnson, Town Attorney