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HomeMy WebLinkAboutRes 2007-21 (L. RESOLUTION NO. 2007-21 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 9.91 ACRES OF LAND LOCATED NEAR THE NORTHEAST CORNER OF PALISADES 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 August 26, 2005, the developers of the Fountain Hills Conference Resort and Spa filed an application, GPA2005-02, to amend the land use designation for approximately 9.91 acres on the General Plan and the Land Use Map included as Exhibit 4 to the General Plan, to facilitate the orderly,planned development of the 23-acre parcel of land located on Palisades Boulevard(the"General Plan Amendment"); and (itw, WHEREAS, the proposed General Plan Amendment provides for an appropriate mix of residential, open space, commercial,resort and recreational land uses; and WHEREAS, the proposed General Plan Amendment satisfactorily addresses the issues of traffic circulation, development on slopes, major drainage corridors, expansive soils, adequacy of public utilities, housing density, transition to existing development and the preservation of open space; and WHEREAS, notice of the public hearings on the proposed General Plan Amendment before the Planning and Zoning Commission (the "Commission") and the Town Council was provided in the Fountain Hills Times on April 25, 2007; and WHEREAS, public hearings were held by the Commission on May 10, 2007, and by the Town Council on June 7, 2007. 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 contained in file GPA2005-02, including narrative text that clarifies and supports modifications in land use and changes to the Land Use Map included as Exhibit 4 to the Fountain Hills General Plan 2002, altering approximately 9.91 acres of the area shown on the Land Use Map from Multi-Family to Lodging, as described on Exhibit A, attached hereto and incorporated herein by reference, is laity hereby adopted. 735766.1 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, June 7, 2007. FOR THE I WN OF FOUNTAIN HILLS: ATTESTED TO: MIP..._At A A_ AO. /1&{ 4ALteA W. J.Ni• ols, a or Bevelyn J. Be er, own Clerk Timothy G. Pickering,Town Mana r Andr . McGuire,Town Attorney L..77/ Lo, 735766.1 2 '/46.9 EXHIBIT A TO RESOLUTION NO. 2007-21 [Legal Description] See following pages. ( 735766.1 Wood,Patel&Associates,Inc. April 25,2007 (480)834-3300 WP#052381.01 www.woodpatel.com Page 1 of 2 EXHIBIT 2 PARCEL DESCRIPTION Fountain Hills Resort Lot 2 That portion of Lot 1 of Fountain Hills Resort as shown on the final plat recorded in Book 597,page 42, Maricopa County Records(M.C.R.),lying within Sections 20,21,28 and 29,Township 3 North,Range 6 East of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows: COMMENCING at the northerly most corner of said Lot 1; THENCE along the northeasterly line of said Lot 1, South 39°25'44"East, a distance of 236.54 feet,to the POINT OF BEGINNING. THENCE continuing,South 39°25'44"East,a distance of 803.46,feet to the northeast corner of said Lot 1; THENCE leaving said northeasterly line, along the east line of said Lot 1, South 04°00'42" West, a distance of 425.00,to the southeast corner of said Lott; THENCE leaving said east line,along the southerly line of said Lot 1, South 71°19'44"West,a distance of 687.06 feet; THENCE leaving said southerly line,North 16°36'24"West,a distance of 253.13 feet; THENCE North 73°33'17"East,a distance of 104.92 feet; THENCE North 73°23'31"Fast,a distance of 44.33 feet; THENCE North 74°03'03"East,a distance of 20.29 feet. THENCE North 64°02'47"East,a distance of 30.29 feet; THENCE North 49°38'22"East,a distance of 42.19 feet; THENCE North 41°12'33"East,a distance of 47.86 feet; THENCE North 35°29'04"East,a distance of 37.33 feet; THENCE North 34°46'40"East,a distance of 22.09 feet; TITENCE North 23°47'58"East,a distance of 7.86 feet; THENCE North 12056'10"East,a distance of 10.86 feet; THENCE North 14°53'14"East,a distance of 14.70 feet; THENCE North 15'45'33"East,a distance of 54.54 feet; THENCE North 15°06'10"East,a distance of 73.62 feet; THENCE North 15'17'09"East,a distance of 86.47 feet; THENCE North 14°56'35"East,a distance of 36.15 feet; THENCE North 15°49'52"East,a distance of 48.18 feet; THENCE North 15°42'58"West,a distance of 78.80 feet; THENCE North 15°2721"West,a distance of 65.26 feet; THENCE North 24°24'24"West,a distance of 30.21 feet; `tHENCE North 29°39'30"West,a distance of 41.96 feet; (4160,. Parcel Description April 25,2007 Fountain Hills Resort WP#052381.01 Lot 2 Page 2 of THENCE North 38°59'25"West,a distance of 48.28 feet; THENCE North 46°52'00"West,a distance of 27.42 feet; THENCE North 54°40'55"West,a distance of 84.82 feet; THENCE North 52°33'13 West,a distance of 132.34 feet; THENCE North 22°29'11"East,a distance of 23.20 feet; THENCE North 52°22'57"East,a distance of 194.44 feet,to the POINT OF BEGINNING. Containing 9.9121 acres,or 431,771 square feet of land,more or less. Subject to existing rights-of-way and easements. This parcel description was prepared without the benefit of survey fieldwork and is based on the Final Plat of Fountain Hills Resort recorded in Book 597, pa$e 42, NI.C.R. and other client provided information.Any monumentation noted in this parcel description is based on said Final Plat. 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