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Home My WebLink AboutOrd. 24-02ORDINANCE NO. 24-02 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS OFFICIAL ZONING DISTRICT MAP FOR APPROXIMATELY 22.5 ACRES GENERALLY LOCATED AT THE SOUTHWEST CORNER OF SHEA BOULEVARD AND SAGUARO BOULEVARD AS SHOWN IN CASE NO. Z23-00004, FROM C-2 — INTERMEDIATE COMMERCIAL ZONING DISTRICT WITH A PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT AND I-2 — PLANNED INDUSTIAL TO FOUR PEAKS PLAZA PLANNED AREA DEVELOPMENT. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") desires to amend the Town of Fountain Hills Official Zoning District Map (the "Zoning Map") pursuant to ARIz. REV. STAT. § 9-462.04, to change the zoning description for a 22.5-acre parcel of real property from C-2 — Intermediate Commercial Zoning District with a Planned Unit Overlay District and I-1 — Planned Industrial to Four Peaks Plaza PAD (the "Zoning District Map Amendment"); and WHEREAS, the Zoning District Map Amendment proposed by this ordinance is consistent with the Fountain Hills General Plan 2020 as amended; and WHEREAS, all due and proper notices of public hearings on the Zoning District Map Amendment held before the Town of Fountain Hills Planning and Zoning Commission (the "Commission") and the Town Council were given in the time, form, substance and manner provided by Atttz. REV. STAT. § 9-462.04; and WHEREAS, the Commission held a public hearing on December 11, 2023 on the Zoning District Map Amendment; and WHEREAS, the Town Council held an additional public hearing regarding the Zoning District Map Amendment on January 17, 2024. 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 22.5-acre parcel of real property generally located at the southwest corner of Shea Boulevard and Saguaro Boulevard as shown in Case No. Z23-00004, from C-2 — Intermediate Commercial Zoning District and with a Planned Unit Overlay District and I-1 — Planned Industrial to Four Peaks Planned Area Development, subject to the following conditions: a. Ensure compliance with the approved freestanding mounument sign plan with this PAD except as modified below. b. Ensure compliance with all the Town's adopted codes, requirements, standards and regulations, except as specifically stated and approved in the Four Peaks Plaza PAD Sign Plan. c. Receiving an encroachment permit. d. Providing a final design that does not conflict with the existing 15" sewer line. SECTION 3. If any provision of this Ordinance is for any reason held by any court of competent jurisdiction to be unenforceable, such provision or portion hereof shall be deemed separate, distinct and independent of all other provisions and such holding 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 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, January 17, 2024. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: (Ai. 6,,k,, Ginn Dickey, Mayor dMendenhall, Town Clerk REVIEWED BY: Rachael Goodwi APPROVED AS TO FORM: (1,,-__ot_ n Manager Aaron Arnson, Town Attorney EXHIBIT A TO ORDINANCE No. 24-02 [Legal Description and Map] See following pages. LEGAL DESCRIPTION LOTS 6, 7, 8 AND TRACT "C" OF AMENDED PLAT OF "FOUR PEAKS PLAZA" RECORDED IN BOOK 704 OF MAPS, PAGE 41, RECORDS OF MARICOPA COUNTY, ARIZONA AND LOCATED IN A PORTION OF THE WEST HALF OF SECTION 26 AND THE EAST HALF OF SECTION 27, TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE SOUTH 37°55'34" WEST, A DISTANCE OF 117.88 FEET; THENCE SOUTH 61 °20'00" EAST, A DISTANCE OF 130.11 FEET; THENCE SOUTH 32°07'00" EAST, A DISTANCE OF 329.10 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS BEARS SOUTH 36°16'36" WEST, A DISTANCE OF 758.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 21°58'36", AN ARC LENGTH OF 290.74 FEET; THENCE SOUTH 75°42'00" WEST, A DISTANCE OF 155.00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS BEARS SOUTH 14°18'00" EAST, A DISTANCE OF 842.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 25°03'50", AN ARC LENGTH OF 368.33 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS BEARS NORTH 39°28'40" WEST, A DISTANCE OF 20.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 86°33'49", AN ARC LENGTH OF 30.22 FEET; THENCE NORTH 36°02'29" WEST, A DISTANCE OF 24.45 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS BEARS SOUTH 53°57'31" WEST, A DISTANCE OF 370.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 21 °57'31 ", AN ARC LENGTH OF 141.80 FEET; THENCE NORTH 58°00'00" WEST, A DISTANCE OF 365.00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS BEARS SOUTH 32°00'00" WEST, A DISTANCE OF 370.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 32°00'00", AN ARC LENGTH OF 206.65 FEET; THENCE WEST, A DISTANCE OF 20.00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS BEARS SOUTH, A DISTANCE OF 20.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC LENGTH OF 31.42 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS BEARS SOUTH 89°59'12" EAST, A DISTANCE OF 100.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 23°04'26", AN ARC LENGTH OF 40.27 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS BEARS NORTH 66°54'49" WEST, A DISTANCE OF 100.06 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 23°04'20", AN ARC LENGTH OF 40.29 FEET; THENCE NORTH, A DISTANCE OF 165.57 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS BEARS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 10°07'01 ", AN ARC LENGTH OF 88.29 FEET; THENCE EAST, A DISTANCE OF 114.98 FEET; THENCE NORTH 32°00'00" EAST, A DISTANCE OF 205.05 FEET; THENCE NORTH 58°00'00" WEST, A DISTANCE OF 74.20 FEET; THENCE NORTH 32°00'00" EAST, A DISTANCE OF 445.06 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS BEARS SOUTH 30°35'21" WEST, A DISTANCE OF 6797.49 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 07°56'45", AN ARC LENGTH OF 942.69 FEET TO THE POINT OF BEGINNING. CONTAINING 982,616 SQ,FT. OR 22.558 ACRES MORE OR LESS. EXHIBIT A OFFICIAL SUPPLEMENTARY ZONING MAP AMENDING THE TOWN OF FOUNTAIN HILLS ZONING MAP CASE: Z23-000004 ACREAGE: 22.56 REQUEST: REZONE FROM C-2 COMMERCIAL UNIT PLANNED DEVELOPMENT ZONING DISTRICT AND INDUSTRIAL -1 ZONING DISTRICT TO FOUR PEAKS PLAZA P.A.D. ORDINANCE: ORD 24-02 Please be advised that the attached zoning changes were approved by the Fountain Hills Town Council on January 17, 2024 by Ordinance # 24-01. If you have any questions concerning these changes, contact the Town of Fountain Hills v lop Servi s Dep ment at 480-816 -122. TTEST. DATE: TOWN CLERK