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HomeMy WebLinkAboutRes 2020-01 RESOLUTION NO. 2020-01 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE "FOUNTAIN HILLS GENERAL PLAN 2020" AND CALLING A SPECIAL ELECTION TO BE HELD NOVEMBER 3, 2020, FOR VOTER RATIFICATION OF THE NEW GENERAL PLAN AS REQUIRED BY LAW RECITALS: WHEREAS, on January 7, 2010, the Mayor and Council of the Town of Fountain Hills (the "Town Council") approved the Town of Fountain Hills General Plan 2010 (the "General Plan 2010"), which General Plan 2010 was subsequently ratified by the qualified electors of the Town of Fountain Hills (the "Town") on May 18, 2010; and WHEREAS, the Town is required to adopt a new general plan at least every ten years in accordance with Ariz. Rev. Stat. § 9-461.05 et seq. (the "Applicable Law"); and WHEREAS, the proposed Fountain Hills General Plan 2020 (the "General Plan 2020") includes all the elements and information that is required to be included in a general plan for the Town pursuant to Applicable Law; and WHEREAS, the Town has consulted with, advised as to, and provided opportunity for comment by public officials, public agencies, civic organizations, professional organizations, property owners and citizens as required by Applicable Law; and WHEREAS, the Planning and Zoning Department, as the designated planning agency for the Town has, at least 60 days prior to the notice of the first public hearing on the General Plan 2020 by the Town's Planning and Zoning Commission (the "Commission"), transmitted a review copy of the General Plan 2020 to the members of the Commission, to the Town Council, and to all person 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 as required by Applicable Law; and WHEREAS, a draft General Plan 2020 was placed on the Town's website and made available for public review on or before November 10, 2019 and the final draft General Plan was placed on the Town's website on or before January 30, 2020; and WHEREAS, a Stakeholders' meeting and a public open house were held on November 15, 2019, at the Town Community Center to inform the public of the draft General Plan 2020, and a Stakeholders' meeting was held on February 26, 2020 to review and receive comment on the final draft General Plan 2020; and WHEREAS, the Commission and Town Council received periodic updates on the General Plan throughout the process; and WHEREAS, notice of the public hearings on the General Plan 2020 by the Commission and Town Council were published in the Fountain Hills Times on April 15, April 22, April 29, and May 4 5, 2020; and I RESOLUTION 2020-01 PAGE 2 WHEREAS, public hearings regarding the General Plan 2020 were held by the Commission on May 4, 2020 and by the Town Council on May 19, 2020. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The General Plan 2020, including narrative text and graphics, is hereby approved subject to ratification by the voters. SECTION 2. The General Plan 2020 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 2020 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 November 3, 2020. SECTION 4. Copies of the General Plan 2020 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 Development Services Department 16705 E. Avenue of the Fountains Fountain Hills, Arizona 3. The Fountain Hills Library 12901 La Montana Drive Fountain Hills, Arizona SECTION 5. An Information Pamphlet, including a general description of the General Plan 2020 and its contents, will be delivered to every household in which a registered voter resides. SECTION 6. Submitting Arguments. The Town hereby sets the date of August 5, 2020, at the hour of 6:00 p.m., as the deadline to submit arguments FOR or AGAINST the question. The Town Clerk is authorized to publish in a newspaper of general circulation within the Town a notice stating the deadline for the filing with the Town of arguments FOR or AGAINST, for inclusion in the informational pamphlet. A form of the notice requesting arguments FOR and AGAINST, including the deadline for submitting arguments, is attached hereto as Exhibit A. The Town Clerk is authorized to revise the form of notice hereto as necessary to comply with all applicable laws. Each argument shall not exceed 300 words in length and shall contained the sworn statement of each person sponsoring it. If the argument is sponsored by an organization, it shall contain the sworn statement of two executive officers of the organization, or if sponsored by a political I committee, it shall contain the sworn statement of the committee's chairman or treasurer. Each argument shall also be submitted to the Town Clerk in electronic format. Persons signing shall I RESOLUTION 2020-01 PAGE 3 also identify themselves by giving their residence or post office address and a telephone number, which shall not appear in the pamphlet. With each argument supporting or opposing the question, one hundred dollars ($100.00) shall be deposited with the Town Clerk, for a proportionate cost of paper and printing the argument. SECTION 7. 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, this 19th day of May, 2020. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: A,j (C,IL,G,,a_______ Ginny ickey, Mayor lizabeth urke, Town Cle REVIEWED BY: APPROVED AS TO FORM: 03/1.41e- Grady E. ler, wn Manager Aaron D. Arnson, Town Attorney I RESOLUTION 2020-01 PAGE 4 EXHIBIT A TOWN OF FOUNTAIN HILLS NOVEMBER 3, 2020 SPECIAL ELECTION REQUEST FOR STATEMENTS FOR OR AGAINST The Town of Fountain Hills, Arizona will hold a Special Election on Tuesday, November 3, 2020, in conjunction with the statewide General Election, to submit The General Plan 2020 for ratification to the qualified electors of the Town of Fountain Hills. Questions will be presented to the qualified voters of the Town of Fountain Hills in an informational pamphlet, to be mailed to the households of all registered voters prior to the start of early voting. Any person(s) may submit a statement FOR or AGAINST the question for publication in the informational pamphlet. Each argument cannot exceed 300 words in length and must contain the sworn statement of each person sponsoring it. If the argument is sponsored by an organization, it shall contain the sworn statement of two executive officers of the organization, or if sponsored by a political committee, it shall contain the sworn statement of the committee's chairman or treasurer. Each argument shall also be submitted to the Town Clerk in electronic format. A payment of one hundred dollars ($100.00), to offset a portion of the cost of paper and printing the pamphlet, must accompany the filing of each argument. Arguments must be submitted by 6:00 p.m. on August 5, 2020, at the following location: Fountain Hills Town Clerk's Office 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 For more information, please call the Fountain Hills Town Clerk Elizabeth Burke at 480.816.5115. y