HomeMy WebLinkAboutRes 2009-43 d •
RESOLUTION NO. 2009-43
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ADOPTING THE "TOWN OF FOUNTAIN
HILLS GENERAL PLAN 2010" AND CALLING A SPECIAL ELECTION TO
BE HELD MAY 18, 2010, FOR VOTER RATIFICATION OF THE NEW
GENERAL PLAN AS REQUIRED BY STATE LAW.
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 2002") which General Plan 2002 was subsequently ratified by the qualified electors of
Fountain Hills on September 11, 2002; and
WHEREAS, the Town of Fountain Hills is required to adopt a new general plan at least
every ten years in accordance with the goals and requirements contained in the ARIz.REV. STAT.
§ 9-461.05 et seq., as amended(the "Applicable Law"); and
WHEREAS, the proposed new Town of Fountain Hills General Plan 2010 (the "General
Plan 2010") includes all of the elements and information that is required to be included in a
general plan for the Town pursuant to the Applicable Law; and
WHEREAS, the Town has consulted with, advised and provided an opportunity for
official comment by public officials, public agencies, civic organizations, professional
organizations, property owners and citizens, as required by the Applicable Law; and
WHEREAS, the Planning and Zoning Department, as the designated planning agency
for the Town of Fountain Hills (the "Town") has, at least 60 days prior to notice of the first
public hearing on the General Plan 2010 by the Town's Planning and Zoning Commission (the
"Commission"), transmitted a review copy of the General Plan 2010 to the members of the
Commission, to the Town Council and to all persons or entities who made a written request to
receive a review copy of the proposal and has submitted a copy to, and solicited comments from,
each agency required by the Applicable Law; and
WHEREAS, the General Plan 2010 was placed on the Town's web site and made
available for public review on or before September 3, 2009; and
WHEREAS, a public open house was held on September 28, 2009, at the Town
Community Center to inform the public of the General Plan 2010; and
WHEREAS, the Town Council held a work study meeting to review the General Plan
2010 on October 13, 2009; and
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WHEREAS, notice of public hearings on the General Plan 2010 by the Commission and
Town Council were published in the Fountain Hills Times, on November 4, November 11 and
November 18, 2009; and
WHEREAS, public hearings regarding the General Plan 2010 were held by the
Commission on November 30 and December 10, 2009, and by the Town Council on
December 17, 2009.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The General Plan 2010, contained in file GPA 2008-02, including narrative
text and graphics, is hereby approved, subject to ratification by the voters.
SECTION 2. The General Plan 2010 shall be deemed to have been adopted as of the date
of this Resolution and shall be valid for a period of ten years from the date of adoption.
SECTION 3. The General Plan 2010 shall be submitted for ratification to the qualified
electors of the Town of Fountain Hills and a Special Election is hereby called for the purpose of
such ratification, which Special Election shall be conducted in conjunction with the anticipated
General Election to be held on May 18, 2010.
SECTION 4. Copies of the General Plan 2010 shall be on file in the following locations:
1. The Office of the Town Clerk
16705 E. Avenue of the Fountains
Fountain Hills,Arizona
2. The Town of Fountain Hills Planning and Zoning Department
16705 E. Avenue of the Fountains
Fountain Hills,Arizona
3. The Fountain Hills Library
12901 La Montana Drive
Fountain Hills,Arizona
SECTION 5. 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 provisions and such holding shall not affect the
validity of the remaining portions of this Resolution.
[SIGNATURES ON FOLLOWING PAGE]
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PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
January 7, 2010.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
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. Schlum, Mayor Bevelyn J. d , Town Clerk
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RichardQ avis, Town Manager Andov„,,,,„
ire, Town Attorney
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