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HomeMy WebLinkAboutOrd 2023-08ORDINANCE NO.23-08 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE OFFICIAL ZONING DISTRICT MAPS OF THE TOWN OF FOUNTAIN HILLS, ARIZONA BY CHANGING THE ZONING DESIGNATION REZONE A DUAL -ZONED 0.86- ACRE PARCEL FROM Rl-35H AND OSR TO A UNIFORMLY ZONED Rl- 35H PARCEL, LOCATED AT 16134 E. TOMBSTONE AVE. IN FIREROCK PARCEL F, LOT 5A. RECITALS: WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance No. 93-22, on November 18, 1993, adopting the Zoning Ordinance for the Town of Fountain Hills (the "Zoning Ordinance"); and WHEREAS, Chapter 2, Procedures, Section 2.01, Amendments or Zone Changes, of the Zoning Ordinance establishes the authority and procedures for amending the zoning district boundaries; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. § 9-462.04, public hearings were advertised in the April 19 and 26, 2023 editions of the Times of Fountain Hills; WHEREAS, a public hearing were held by the Fountain Hills Planning & Zoning Commission on May 8, 2023 and by the Mayor and Council of the Town of Fountain Hills on June 20, 2023. 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 approximately 0.86-acre parcel from RI-35H and OSR to a uniformly zoned R1-35H parcel, located at 16134 E. Tombstone Ave. in Firerock Parcel F, Lot 5A, SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision 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 execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 20th day of June, 2023. FOR THE TOWN OF FOUNTAIN HILLS: r Ginn Dickey, Mayor REVIEWED BY: Rachael Good in, I rim Town Manager ATTESTED TO: ell Linda Mendenhall, Town Clerk APPROVED AS TO FORM: anon D. son, Town Attorney EXHIBIT A TO ORDINANCE NO.23-08 [Legal Description of the Property] See following pages. LEGAL DESCRIPTION LOT 5A, OF FIREROCK PARCEL F. ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDE❑ IN BOOK 503 OF MAPS, PAGE 43. EXHIBIT B TO ORDINANCE NO.23-08 [Map of the Property] See following pages. 3+s er,yr EXHIBIT B OFFICIAL SUPPLEMENTARY ZONING MAP AMENDING THE TOWN OF FOUNTAIN HILLS ZONING MAP _OT 5A _ FIREROCK PARCEL f E 1p CASE: RZ23-000001 ACREAGES 0.86 LOT 5A, OF FIREROCK PARCEL F. ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 503 OF MAPS, PAGE 43. Please he advised that the attached zoning changes were approved by the Fountain Hills Town Council on ]Lot , 2023 by Ordinance # 23-08, 1 you have any questions concerning these changes, contact t e Town of Fountain Hills nt Se i s epartmen at 480-816-5122. 1� � ATTEST; M YOR TOWN CLERK Town of Fountain Hills (www_fountainhilisaz.gov)