HomeMy WebLinkAboutOrd 2017-09ORDINANCE 17-09
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, BY MODIFYING
THE PREVIOUSLY -ADOPTED PLANNED AREA DEVELOPMENT
(COPPERWYND PAD).
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town
Council") approved Ordinance 17-04 on March 16, 2017, approving rezoning of the property
located at 13225 North Eagle Ridge Drive (the "Property") to "Copperwynd PAD" (as defined in
Ordinance 17-04). Ordinance 17-04 was recorded in the Maricopa County Recorder's Office at
Document No. 2017-0203702; and
WHEREAS, the Property owner has requested an amendment to the Copperwynd PAD
to modify certain terms and conditions relating to the height and phasing of the hotel buildings
described therein; and
WHEREAS, 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 approve
the Amended and Restated Copperwynd PAD (dated August 25, 2017) for the Property (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 August 24, 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 September 5, 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:
3055509.2
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Amended and Restated Copperwynd PAD (dated August 25, 2017)
relating to 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 approved, subject to
(i) the Town's adopted codes, requirements, standards and regulations for property zoned L-3
(Lodging Zoning District), except as specifically modified by the Amended and Restated
Copperwynd PAD document dated August 25, 2017, as included in Case No. Z2017-02 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 Mayor and Council of the Town of Fountain Hills,
Arizona, September 5, 2017.
FOR THE TOWN OF FOUNTAIN HILLS:
nda M. Kav agh, Ma.Afr
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Grady E. Miller, 3
Manager
3055509.2
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ATTESTED TO:
Bevelyn J. BUider, Town Clerk
APPROVED AS TO FORM:
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Andrew J. McGuire, Town Attorney
EXHIBIT A
TO
ORDINANCE 17-09
[Legal Description and Map of the Property]
See following page.
3055509.2
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