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Home My WebLink AboutREF2019-01 Daybreak Rezone - App for Pet Serial # 1 0-1 0-1 9 PO :24 I N APPLICATION FOR INITIATIVE OR REF ERENDUM PETITION SE RIAL NUMBER The undersigned intends to circulate and file an Initiative Referendum initiative or a referendum petition and hereby makes application for the issuance of an official serial number to be printed in the lower right-hand Date of Application \ \(\ corner of each side of each signature sheet of such r petition. Pursuant to Arizona Revised Statutes Signatures Required 0 J § 19-111,attached hereto is the full text, in no less �\_ \ \� than eight-point type, of the measure or charter Deadline for Filing amendment intended to be initiated or referred at � ��_�\ the next general election. Serial Number Issued FOR OFFICE USE ONLY Enter a description of no more than one hundred words of the principal provisions of the proposed law,charter amendment or measure that will appear in no less than eight-point type on the face of each petition signature sheet to be circulated. This petition refers Ordinance No. 19-03,which rezones 59.79 acres generally located at northeast corner of Shea and Palisades Boulevards from L-3 P.U.D.(Lodging with Planned Unit Development Overlay)and OSR(Open Space Recreational District)to Daybreak P.A.D.(Planned Area Development). Current zoning permits hotel and conference center development. Ordinance 19-03 amends the zoning district map to allow up to 400 units consisting of 270 non-age restricted apartments plus up to 130 apartments for ages 55 and older on approximately 23 acres of the site. The P.A.D.leaves the balance of the site as open space. Smart Development Signature of Applicant Name of Organization(if applicable) Irvin Pete Brock III 2198 E. Camelback Rd., Suite 305 Printed Name of Applicant Address 10833 N. Skyline Drive Phoenix AZ 85016 Address City State Zip Fountain Hills AZ 85268 602-515-2649 City State Zip Telephone Number 210-792-4192 tim@timlasota.com Telephone Number E-mail Address ipb3rd@yahoo.com Irvin Pete Brock III,Chairman E-Mail Address Name of Officer and Title 10833 N. Skyline Drive Address Stephen Messel,Treasurer Fountain Hills AZ 85268 City State Zip 15303 E.Redrock Dr.,Fountain Hills,AZ 973-714-2671 210-792-4192 stephenmessel@yahoo.com Telephone Number ipb3rd@yahoo.com E-mail Address 9/30/18 1 0-10-1 9 P03 : 24 IN 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 10-10-19 P03 : 24 IN 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 10-10-1 9 P03 : 24 IN 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: tc); Ginliy Dickey, Mayor lizabe . Burke, To Clerk Al REVIEWED BY: APP VED AS TO FORM: \4 •ArtiL,, Grady E. Mil own Manager —Aaron D. Amson, Town Attorney ' ORDINANCE 19-03 PAGE 4 1 0-1 0-1 9 P03 : 24 I N EXHIBIT 'A' OFFICIAL SUPPLEMENTARY ZONING MAP . 1 AMENDING THE TOWN OF FOUNTAIN HILLS ZONING MAP 111% vikw 11%41, 0 .. .9.111111746,1114Thl'ii,... i .11 I 0 a bill ri I I ir 41'IS/ -.... ik \I ,,,,, I le/ ,.. 3.., II "Arm,. kill art/ 1111k 40,410A1., LOT 1 i it 411PF Irill II 1 DAYBREAK PAD .•,,, \ ,..-- ,.... b --'",------ TRACT A ...........,,,„,..—.....--''''' . ..,. , 1,4 — 4 fik 4.I f; 4.........."."'""*"."'- ...102t30. 1,44—ass'I -4 1\.1"RACT B SHEA elm° — „,_........, .e, , \ i CASE: Z2018-1 0 ACREAGE: 58.9 REQUEST: REZONE FROM L-3 P.U.D.AND OSR TO DAYBREAK PAD ORDINANCE: ORD19-03 _____ 10-10-19 P03 : 24 IN LEGAL DESCRIPTION OF THE PROPERTY TO BE REZONED (Ordinance No. 19-03): Lot 1 and Tract A, Fountain Hills Resort, According to Book 597 of Maps, page 42, Records of Maricopa County, Arizona.