HomeMy WebLinkAboutOrd. 24-01ORDINANCE NO. 24-01
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 6.7
ACRES GENERALLY LOCATED AT THE SOUTHEAST CORNER OF SHEA
BOULEVARD AND TECHNOLOGY DRIVE AS SHOWN IN CASE NO. Z23-
00002, FROM C-2 — INTERMEDIATE COMMERCIAL ZONING DISTRICT
AND WITH A PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT TO
VILLAGE AT FOUR PEAKS PLANNED AREA DEVELOPMENT.
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 6.7-acre parcel of real
property from C-2 — Intermediate Commercial Zoning District with the Planned Unit Overlay
district to Village at Four Peaks 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 2020 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 December 11, 2023 on the Zoning District
Map Amendment; and
WHEREAS, the Town Council held an additional public hearing regarding the Zoning District
Map Amendment on January 17, 2024.
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 6.7-acre parcel of real property generally located at the southeast corner of Shea
Boulevard and Technology Drive as shown in Case No. Z23-00002, from C-2 — Intermediate
Commercial Zoning District and with a Planned Unit Overlay District to Village at Four Peaks
Planned Area Development, subject to the following requirements, under which the applicant
shall:
a. Ensure compliance with the Village at Four Peaks Development Plan approved with this
PAD, except as modified below.
b. Ensure compliance with all the Town's adopted codes, requirements, standards and
regulations, except as specifically stated and approved in the Village at Four Peaks
PAD Development Plan.
c. Include relocation of the reclaimed waterline with the construction plans and obtain
approval from Fountain Hills Sanitary District.
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.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, January 17,
2024.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
se- tstAA 0 (t(iY--
Ginn Dickey, Mayor
REVIEWED BY:
Rachael G
inda Mendenhall, Town Clerk
APPROVED AS TO FORM:
Town Manager Aaron Arnson, Town Attorney
EXHIBIT A
TO
ORDINANCE No. 24-01
[Legal Description and Map]
See following pages.
LEGAL DESCRIPTION
LOTS 3, 4, AND 5 OF AMENDED PLAT OF "FOUR PEAKS PLAZA" RECORDED IN
BOOK 704 OF MAPS, PAGE 41, RECORDS OF MARICOPA COUNTY, ARIZONA AND
LOCATED IN A PORTION OF THE EAST HALF OF SECTION 27, TOWNSHIP 3 NORTH,
RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY,
ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5;
THENCE SOUTH 32°00'00" WEST, A DISTANCE OF 445.06 FEET;
THENCE SOUTH 58°00'00" EAST, A DISTANCE OF 74.20 FEET;
THENCE SOUTH 32°00'00" WEST, A DISTANCE OF 205.05 FEET;
THENCE WEST, A DISTANCE OF 114.98 FEET TO THE BEGINNING OF A CURVE
CONCAVE SOUTHWESTERLY WHOSE RADIUS BEARS SOUTH 79°52'57" WEST, A
DISTANCE OF 500.00 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT,
THROUGH A CENTRAL ANGLE OF 14°40'59", AN ARC LENGTH OF 128.13 FEET;
THENCE NORTH 24°48'00" WEST, A DISTANCE OF 336.73 FEET TO THE BEGINNING
OF A CURVE CONCAVE EASTERLY WHOSE RADIUS BEARS NORTH 74°31'37" EAST,
A DISTANCE OF 349.40 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT,
THROUGH A CENTRAL ANGLE OF 20°03'12", AN ARC LENGTH OF 122.29 FEET TO
THE BEGINNING OF A CURVE CONCAVE EASTERLY WHOSE RADIUS BEARS
NORTH 85°16'52" EAST, A DISTANCE OF 334.32 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT,
THROUGH A CENTRAL ANGLE OF 30°10'29", AN ARC LENGTH OF 176.07 FEET;
THENCE NORTH 25°27'22" EAST, A DISTANCE OF 119.21 FEET TO THE BEGINNING
OF A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS BEARS SOUTH 64°32'38"
EAST, A DISTANCE OF 30.00 FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT,
THROUGH A CENTRAL ANGLE OF 90°40'39", AN ARC LENGTH OF 47.48 FEET TO
THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS
BEARS SOUTH 26°08'08" WEST, A DISTANCE OF 6797.49 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT,
THROUGH A CENTRAL ANGLE OF 04°27'16", AN ARC LENGTH OF 528.14 FEET TO
THE POINT OF BEGINNING.
CONTAINING 290,668 SQ.FT. OR 6.673 ACRES MORE OR LESS.
EXHIBIT A
OFFICIAL SUPPLEMENTARY ZONING MAP
AMENDING THE TOWN OF FOUNTAIN HILLS ZONING MAP
CASE: Z23-000002
ACREAGE: 6.67
REQUEST: REZONE FROM C-2 COMMERCIAL UNIT PLANNED DEVELOPMENT ZONING
DISTRICT AND INDUSTRIAL -1 ZONING DISTRICT TO VILLAGE AT FOUR PEAKS P.A.D.
ORDINANCE: ORD 24-01
Please be advised that the attached zoning changes were approved by the Fountain Hills Town
Council on January 17, 2024 by Ordinance # 24-01. If you have any questions concerning these
anges, ntact the Town of Fountain Hill, Development Services, Department at 480-816-5122.
ATTESTDATE:
TOWN LERK