HomeMy WebLinkAboutOrd 2019-03 Town of Fountain Hills I OFFICIAL RECORDS OF
16705 E. Avenue of the Fountains I MARICOPA COUNTY RECORDER
Fountain Hills, AZ 85268 I ADRIAN FONTES
20191029419 12/19/2019 2:31
ORD1903-5-1-1--,N
Development Services Department I ELECTRONIC RECORDING
ORDINANCE NO. 19-03
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 59.79
ACRES GENERALLY LOCATED AT THE NORTHEAST CORNER OF
PALISADES BOULEVARD AND SHEA BOULEVARD AS SHOWN IN
CASE NO. Z2018-10, FROM L-3 P.U.D. AND OSR TO DAYBREAK PAD.
DO NOT REMOVE
This is part of the official document
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ORDINANCE NO. 19-03
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 59.79 ACRES GENERALLY LOCATED AT THE
NORTHEAST CORNER OF PALISADES BOULEVARD AND SHEA
BOULEVARD AS SHOWN IN CASE NO. Z2018-10, FROM L-3 P.U.D.
AND OSR TO DAYBREAK PAD
RECITALS:
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 description for a
59.79 acre parcel of real property from L-3 P.U.D. and OSR to Daybreak PAD (the "Zoning
District Map Amendment"); and
WHEREAS, the Zoning District 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 District Map
Amendment 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 September 12, 2019 on the Zoning
District Map Amendment; and
WHEREAS, the Town Council held an additional public hearing regarding the Zoning
District Map Amendment on October 1, 2019.
ENACTMENTS:
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 59.79 acre parcel of real property generally located at the northeast
corner of Palisades Boulevard and Shea Boulevard as shown in case no. Z2018-10, as
more particularly described and depicted on Exhibit A, attached hereto and incorporated
herein by reference, is hereby rezoned from L-3 P.U.D. OSR to Daybreak PAD, subject
to the following requirements, under which the applicant shall:
ORDINANCE 19-03 PAGE 2
a. Ensure compliance with the Daybreak Development Plan approved with this
P.A.D except as modified below.
b. Ensure compliance with the Town's adopted codes, requirements, standards
and regulations, except as specifically stated in the Daybreak PAD
Development Plan, to be approved by Town Council.
c. Before December 1, 2020, amend and submit for review and approval by the
Town Council, a development plan that complies with the following:
i. Cause all buildings to be set back at least 25' from the property line or the
height of the building, whichever is greater. Buildings A and B do not
currently meet this requirement.
ii. Provide greater connectivity from the trail around the MFU area into
apartment area.
iii. Provide a pedestrian connection from Building Q to the amenity area.
iv. Improve pedestrian connectivity from the northern apartment buildings (A,
B, C, D, E, & G) to the amenity area.
v. Upgrade the design and amenities to meet the General Plan requirement
for exceptional design and enhanced amenities.
vi. Provide extensive landscaping along Palisades Boulevard that exceeds the
minimum requirements set forth in the Subdivision Ordinance.
vii. Remove all reference to assisted living from the PAD narrative.
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.
ORDINANCE 19-03 PAGE 3
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, this
first day of October, 2019.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
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Gin ,y Dickey, Mayor lizabe . Burke, To Clerk/d`3, / q
REVIEWED BY: APPROVED AS TO FORM:
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Grady E. Mil - own Manager Aaron D. Arnson, Town Attorney
ORDINANCE 19-03 PAGE 4
EXHIBIT 'A'
OFFICIAL SUPPLEMENTARY ZONING MAP
AMENDING THE TOWN OF FOUNTAIN HILLS ZONING MAP
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ACREAGE:E 58.9
REDS: REZONE FROM L-3 P.U.D.AND OSR TO DAYBREAK PAD
1 ORDINANCE: ORD'19 3