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HomeMy WebLinkAboutOrd 2008-03 • ORDINANCE NO. 08-03 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, BY REZONING THE LAND LEGALLY DESCRIBED AS PLAT 511, LOT 5 FROM "R1-35" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO "R1-43" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. 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 Arizona Revised Statutes § 9-462.04; and WHEREAS, all due and proper notices of public hearings on the intended 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 Arizona Revised Statutes § 9-462.04; and WHEREAS, the Commission held a public hearing on February 14, 2008, on the amendment to the Zoning Map pursuant to such notices and as required by Arizona Revised Statutes § 9-462.04; and WHEREAS, the Town Council held a public hearing on March 6, 2008, regarding the amendment to the Zoning Map pursuant to such notices and as required by Arizona Revised Statutes § 9-462.04. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That 29.44 acres of certain real property, generally located north of Sierra Madre Drive and east of Cerro Alto Drive, as shown in Zoning District Case #Z2006-13 (the "Property"), as more particularly depicted in Exhibit A, attached hereto and incorporated herein by reference, is hereby rezoned from "R1-35" Single Family Zoning District to "R1-43" Single Family Zoning District subject to the stipulations set forth in the staff report and any stipulations imposed by the Town Council during the public meeting at which this Ordinance was approved. SECTION 2. 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. [SIGNATURES ON FOLLOWING PAGE] 765309.2 • PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona,March 6, 2008. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: i3uxi V r W.J. Nichols, • ayo Bevelyn J. Be er, wn Clerk REVIEWED BY: APP VED AS TO FORM: ✓ V � Kathleen M. Zanon, nterim Town Manager Andrew J. McGuire,Town Attorney L L 765309.1 2 L EXHIBIT A TO ORDINANCE NO. 08-03 [Graphic of Plat 511 —Lot 5] See following pages. 765309.2 • Y v. K. /7.---„„, ›-c), ,,,,,„ Or" cD P 71> / o O O W ce Ili 4„,„ ____ ,, m ,,,-.,., c.) N.- F- ce o W N ZaO J � CI41 c0 0 rY ty:q (f) . --------- J 1-1 _ 4-1 Z - �!I�i Q C9 Q I__ /J NO `� ZH f- -i 77 / DERR9 AI LO DR c-- Z I--1 r- / .- / 1 Cr --)O0ON = LO y `�, k / `'~` 0 Ill Z / c(241041P o O if J � ce Q a,* A�O ill Q 0 1111% , - P 1— I— W `. cc Z0 � JO lb*1414 � z Ln a_ -J (n Z .r., tto:4‘404amill w * 41°.1111 eh° ( L � 7 ___�E��. Q NO