HomeMy WebLinkAboutRes 2008-16RESOLUTION NO. 2008-16
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING AN AMENDMENT TO THE
TOWN OF FOUNTAIN HILLS GENERAL PLAN 2002, RELATING TO
APPROXIMATELY 3.57 ACRES OF LAND LOCATED NEAR THE
SOUTHEAST CORNER OF FOUNTAIN HILLS BOULEVARD AND SHEA
BOULEVARD.
WHEREAS, on June 20, 2002, the Mayor and Council of the Town of Fountain Hills
(the "Town Council ") approved the Town of Fountain Hills General Plan 2002 (the "General
Plan "), which General Plan was subsequently ratified by the qualified electors of Fountain Hills
on September 11, 2002; and
WHEREAS, Chapter 7 of the General Plan, Plan Implementation, establishes the
authority and procedures for amending the General Plan; and
WHEREAS, on October 6, 2007, the property owner filed an application, GPA2007 -02
(the "Initial Request "), to amend the land use designation for approximately 3.57 acres on the
land use map included as Exhibit 4 to the General Plan (the "Land Use Map "), from Multi -
Family Medium Density to Commercial; and
WHEREAS, notice of the public hearings on the proposed Initial Request before the
Planning and Zoning Commission (the "Commission ") and the Town Council was provided in
the Fountain Hills Times on March 12, 2008 and March 19, 2008; and
WHEREAS, a public hearing was held by the Commission on March 27, 2008; and
WHEREAS, the Town Council has determined that the Initial Request was inconsistent
with the commercial office rezoning proposed for the property and that the Initial Request should
be amended to modify the Land Use Map change from the requested "Commercial" to the
"Office" category, which provides for appropriate land uses (the Initial Request, as modified to
accommodate the change from "Commercial" to "Office" is referred to herein as the "General
Plan Amendment "); and
WHEREAS, the revised General Plan Amendment satisfactorily addresses the issues of
traffic circulation, adequacy of public utilities, transition to existing development and the
preservation of open space; and
WHEREAS, a public hearing was held by the Town Council on April 17, 2008.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the General Plan Amendment, including narrative text contained in
file GPA2007 -02 that clarifies and supports modifications in land use and changes to the Land
854517.1
Use Map, amending the land use designation for approximately 3.57 acres of the area shown on
the Land Use Map, as described on Exhibit A, attached hereto and incorporated herein by
reference, from Multi- Family to Office, is hereby approved and adopted.
SECTION 2. If any provision of this Resolution 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 provision and such holding shall not affect the
validity of the remaining portions of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
April 17, 2008.
FOR THE TOWN (tti`F FOUNTAIN HILLS:
W. J. Nichols,
J�
Kathleen M. Zanon, Interim Town Manager
854517.1
ATTESTED TO:
. l
dre—w Y. McGuire, Town Attorney
1 '
EXHIBIT A
TO
RESOLUTION NO. 2008-16
[Legal Description and Map]
See following pages.
854517.1
PROPOSED LOT A -4
LEGAL DESCRIPTION
All that portion of Parcel "A -1" of FIREROCK as shown in Book 503 of Maps at Page 20,
Maricopa County Records, located in the northeast quarter of Section 28, Township 3 North,
Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, except
the following:
Commencing at the centerline intersection of Shea Boulevard and Firerock Country Club Drive,
from which the southeast corner of said Section 28 bears South 16 °54'24" East 5289.38 feet;
thence North 84 °55'47" East along said centerline of Shea Boulevard, 130.35 feet; thence South
05"04'13" East, 78.00 feet to the southerly right of way line of said Shea Boulevard and the
POINT OF BIGINNING;
Thence North 84 °5547" East along said southerly right of way line, 234.66 feet;
Thence South 43'14'06"' West, 69.87 feet;
Thence South 00'19'50" East, 53.43 feet;
Thence South 40 °53'54" East, 62.52 feet to a point on the northerly right of way line of said
Firerock Country Club Drive;
Thence along said northerly right of way line the following four courses:
1) Westerly along the arc of a non - tangent curve, the center of which bears South
08 °11'47 "West 720.00 feet, through a central angle of 4 °11'55" an arc length of 52.76
feet;
2) North 86 °00'08" West, 85.22 feet;
3} Along a curve concave to the northeast, having a radius of 138.00 feet, through a central
angle of 59'28'17" an arc length of 143.24 feet;
4) Along a compound curve concave to the east, having a radius of 30.00 feet, through a
central angle of 111'27'39" an arc length of 58.36 feet to the POINT OF BEGINNING.
LOT A -3
2,41i1
TOWN OF
GENERAL
FNTAIN HILLS
PLAN REVISION
FIREROCK PARCEL A -1, LOT A -4
SHEA BOULEVARD
FIREROCK PARCEL A -1
LOT A -4 EXISTING
GENERAL PLAN
\DESIGNATION:
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