HomeMy WebLinkAboutOrd 2017-04ORDINANCE 17-04
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 16.5
ACRES LOCATED AT 13225 NORTH EAGLE RIDGE DRIVE IN FOUNTAIN
HILLS, ARIZONA, AS SHOWN IN CASE NO. Z2017-02, FROM R-5 PUD
(MULTI -FAMILY RESIDENTIAL) TO PLANNED AREA DEVELOPMENT
(COPPERWYND PAD).
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 designation for
an approximately 16.5 acre parcel of real property at 13225 North Eagle Ridge Drive in Fountain
Hills, Arizona, from R-5 PUD (Multi -Family Residential) to Planned Area Development
(Copperwynd PAD) (the "Zoning Map Amendment"); and
WHEREAS, the Zoning Map Amendment proposed by this Ordinance is consistent with
the Fountain Hills General Plan 2010, as amended; and
WHEREAS, all due and proper notices of public hearings on the Zoning Map
Amendment to be 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 ARiz. REv. STAT. § 9-462.04; and
WHEREAS, the Commission held a public hearing on March 9, 2017, on the Zoning
Map Amendment, after which the Commission recommended approval; and
WHEREAS, the Town Council held an additional public hearing regarding the Zoning
Map Amendment on March 16, 2017; and
WHEREAS, in accordance with Article II, Sections 1 and 2 of the Arizona Constitution,
the Town Council has considered the individual property rights and personal liberties of the
residents of the Town before adopting this Ordinance.
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 approximately 16.5 acre parcel of real property generally located at
13225 North Eagle Ridge Drive, Fountain Hills, Arizona, as more particularly described and
depicted on Exhibit A, attached hereto and incorporated herein by reference, is hereby rezoned
from R-5 PUD (Multi -Family Residential) to PAD (Copperwynd PAD), subject to (i) the Town's
adopted codes, requirements, standards and regulations for property zoned L-3 (Lodging Zoning
2911591.1
District), except as specifically modified by the Copperwynd PAD document dated March 6,
2017, as included in Case No. 22017-02 and (ii) the following stipulation:
No site work or construction activities may be undertaken until after this
Ordinance becomes effective according to Arizona law.
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 Mayer and Council of the Town of Fountain Hills,
Arizona, March 16, 2017.
FOR THE TOWN OF FOUNTAIN HILLS:
r
REVIEWED BY:
r
y
Grady E. Mi ler, wn Manager
2911591.1
2
ATTESTED TO:
Bevelyn T B -der, own Clerk
APPROVED AS TO FORM:
Andrew J. McGuire, Town Attorney
EXHIBIT A
TO
ORDINANCE 17-04
[Legal Description and Map of the Property]
See following page.
2911591.1
DESCRIPTION
PARCEL NO. I
LOT I AND TRACT "A", COPPERWYND - FOUNTAIN HILLS, ACCORDING TO BOOK
460 OF MAPS, PAGE 8, RECORDS OF MARICOPA COUNTY, ARIZONA.
EXCEPT ALL OIL, GASES AND OTHER HYDROCARBON .SUBSTANCES, COAL, STONE,
METALS, FOSSILS AND FERTILIZERS OF EVERY NAME AND DESCRIPTION; TOGETHER
WITH ALL URANIUM, THORIUM, OR ANY OTHER MA TERIA L WHICH IS OR MAY BE
DETERMINED TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE
MATERIALS, WHETHER OR NOT OF COMMERCIAL VALUE AS RESERVED BY DEED
RECORDED IN DOCUMENT NO. 85-3477.87
PARCEL NO, 2
TRACTS J, K AND P, CORDILLERA AT COPPER YND, ACCORDING TO BOOK 483
OF MAPS, PAGE H, RECORDS OF MARICOPA COUNTY,, ARIZONA, AND THEREAFTER
AFFIDA W TS OF CORRECTION RECORDED IN DOCUMENT NO. 98-1112195,
DOCUMENT NO. 2001-0906959 AND DOCUMENT NO, 2002-0695742.
EXCEPT ALL OIL, GASES AND OTHER HYDROCARBON SUBSTANCES, GOAL, STONE,
METALS, FOSSILS AND FERTILIZERS OF EVERY NAME AND DESCRIPTION; TOGETHER
WITH ALL URANIUM, THORIUM, OR ANY OTHER MATERIAL WHICH I5 OR MAY BF
DETERMINED TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE
MATERIALS, WHETHER OR NOT OF COMMERCIAL VALUE AS RESERVED BY DEED
RECORDED IN DOCUMENT NO. 85-,347787.
PARCEL NO, 3
TRACT I, CORDILLERA AT COP,PERWYND, ACCORDING TO BOOK 483 OF MAP'S,
PAGE 8, RECORDS OF MARICOPA COUNTY, ARIZONA, AND THEREAFTER
AFFIDAVITS OF CORRECTION RECORDED IN DOCUMENT NO. 98-1112195,
DOCUMENT NO. 2001-0906959 AND DOCUMENT NO. 2002-06,95742.
EXCEPT ALL OIL, GASES AND OTHER HYDROCARBON .SUBSTANCES, GOAL, STONE,
METALS, FOSSILS AND FERTILIZERS OF EVERY NAME AND DESCRIPTION; TOGETHER
WITH ALL URANIUM, THORIUM, OR ANY OTHER MATERIAL WHICH IS OR MAY BE
DETERMINED TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE
MATERIALS, WHETHER OR NOT OF COMMERCIAL VALUE AS RESERVED BY DEED
RECORDED IN DOCUMENT NO. 85-347787.
ADERO CANYON LLC
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Copperwynd Resort
Project Address. 13225 N. Eagle Ridge Dr.
Fountain Hills, AZ
Project Number- AP 1618
Issue Date: 02/16/2017
Allen 1111111111111111119101re, Partners
n i t e c t s • i n t e r i o r s
East Stetson Drive 14th Floor I Scottsdale, AZ 85251 1480.990.2800 1 allenphilp.com