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HomeMy WebLinkAboutRes 2008-16RESOLUTION NO. 2008-16 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN AMENDMENT TO THE TOWN OF FOUNTAIN HILLS GENERAL PLAN 2002, RELATING TO APPROXIMATELY 3.57 ACRES OF LAND LOCATED NEAR THE SOUTHEAST CORNER OF FOUNTAIN HILLS BOULEVARD AND SHEA BOULEVARD. WHEREAS, on June 20, 2002, the Mayor and Council of the Town of Fountain Hills (the "Town Council ") approved the Town of Fountain Hills General Plan 2002 (the "General Plan "), which General Plan was subsequently ratified by the qualified electors of Fountain Hills on September 11, 2002; and WHEREAS, Chapter 7 of the General Plan, Plan Implementation, establishes the authority and procedures for amending the General Plan; and WHEREAS, on October 6, 2007, the property owner filed an application, GPA2007 -02 (the "Initial Request "), to amend the land use designation for approximately 3.57 acres on the land use map included as Exhibit 4 to the General Plan (the "Land Use Map "), from Multi - Family Medium Density to Commercial; and WHEREAS, notice of the public hearings on the proposed Initial Request before the Planning and Zoning Commission (the "Commission ") and the Town Council was provided in the Fountain Hills Times on March 12, 2008 and March 19, 2008; and WHEREAS, a public hearing was held by the Commission on March 27, 2008; and WHEREAS, the Town Council has determined that the Initial Request was inconsistent with the commercial office rezoning proposed for the property and that the Initial Request should be amended to modify the Land Use Map change from the requested "Commercial" to the "Office" category, which provides for appropriate land uses (the Initial Request, as modified to accommodate the change from "Commercial" to "Office" is referred to herein as the "General Plan Amendment "); and WHEREAS, the revised General Plan Amendment satisfactorily addresses the issues of traffic circulation, adequacy of public utilities, transition to existing development and the preservation of open space; and WHEREAS, a public hearing was held by the Town Council on April 17, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the General Plan Amendment, including narrative text contained in file GPA2007 -02 that clarifies and supports modifications in land use and changes to the Land 854517.1 Use Map, amending the land use designation for approximately 3.57 acres of the area shown on the Land Use Map, as described on Exhibit A, attached hereto and incorporated herein by reference, from Multi- Family to Office, is hereby approved and adopted. SECTION 2. 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 provision 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, April 17, 2008. FOR THE TOWN (tti`F FOUNTAIN HILLS: W. J. Nichols, J� Kathleen M. Zanon, Interim Town Manager 854517.1 ATTESTED TO: . l dre—w Y. McGuire, Town Attorney 1 ' EXHIBIT A TO RESOLUTION NO. 2008-16 [Legal Description and Map] See following pages. 854517.1 PROPOSED LOT A -4 LEGAL DESCRIPTION All that portion of Parcel "A -1" of FIREROCK as shown in Book 503 of Maps at Page 20, Maricopa County Records, located in the northeast quarter of Section 28, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, except the following: Commencing at the centerline intersection of Shea Boulevard and Firerock Country Club Drive, from which the southeast corner of said Section 28 bears South 16 °54'24" East 5289.38 feet; thence North 84 °55'47" East along said centerline of Shea Boulevard, 130.35 feet; thence South 05"04'13" East, 78.00 feet to the southerly right of way line of said Shea Boulevard and the POINT OF BIGINNING; Thence North 84 °5547" East along said southerly right of way line, 234.66 feet; Thence South 43'14'06"' West, 69.87 feet; Thence South 00'19'50" East, 53.43 feet; Thence South 40 °53'54" East, 62.52 feet to a point on the northerly right of way line of said Firerock Country Club Drive; Thence along said northerly right of way line the following four courses: 1) Westerly along the arc of a non - tangent curve, the center of which bears South 08 °11'47 "West 720.00 feet, through a central angle of 4 °11'55" an arc length of 52.76 feet; 2) North 86 °00'08" West, 85.22 feet; 3} Along a curve concave to the northeast, having a radius of 138.00 feet, through a central angle of 59'28'17" an arc length of 143.24 feet; 4) Along a compound curve concave to the east, having a radius of 30.00 feet, through a central angle of 111'27'39" an arc length of 58.36 feet to the POINT OF BEGINNING. LOT A -3 2,41i1 TOWN OF GENERAL FNTAIN HILLS PLAN REVISION FIREROCK PARCEL A -1, LOT A -4 SHEA BOULEVARD FIREROCK PARCEL A -1 LOT A -4 EXISTING GENERAL PLAN \DESIGNATION: MI 11 TTCA MTI V FJRFRoCk CCt`Nr Ry C, G� LF SHEA BOULEVARD FAR fRock OFFICE CCoNr �y C� GO GF