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HomeMy WebLinkAboutOrd 2017-09ORDINANCE 17-09 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 16.5 ACRES LOCATED AT 13225 NORTH EAGLE RIDGE DRIVE IN FOUNTAIN HILLS, ARIZONA, AS SHOWN IN CASE NO. Z2017-02, BY MODIFYING THE PREVIOUSLY -ADOPTED PLANNED AREA DEVELOPMENT (COPPERWYND PAD). WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") approved Ordinance 17-04 on March 16, 2017, approving rezoning of the property located at 13225 North Eagle Ridge Drive (the "Property") to "Copperwynd PAD" (as defined in Ordinance 17-04). Ordinance 17-04 was recorded in the Maricopa County Recorder's Office at Document No. 2017-0203702; and WHEREAS, the Property owner has requested an amendment to the Copperwynd PAD to modify certain terms and conditions relating to the height and phasing of the hotel buildings described therein; and WHEREAS, 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 approve the Amended and Restated Copperwynd PAD (dated August 25, 2017) for the Property (the "Zoning Map Amendment"); and WHEREAS, the Zoning 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 Map Amendment to be 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 August 24, 2017, on the Zoning Map Amendment, after which the Commission recommended approval; and WHEREAS, the Town Council held an additional public hearing regarding the Zoning Map Amendment on September 5, 2017; and WHEREAS, in accordance with Article II, Sections 1 and 2 of the Arizona Constitution, the Town Council has considered the individual property rights and personal liberties of the residents of the Town before adopting this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: 3055509.2 SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Amended and Restated Copperwynd PAD (dated August 25, 2017) relating to the approximately 16.5 acre parcel of real property generally located at 13225 North Eagle Ridge Drive, Fountain Hills, Arizona, as more particularly described and depicted on Exhibit A, attached hereto and incorporated herein by reference, is hereby approved, subject to (i) the Town's adopted codes, requirements, standards and regulations for property zoned L-3 (Lodging Zoning District), except as specifically modified by the Amended and Restated Copperwynd PAD document dated August 25, 2017, as included in Case No. Z2017-02 and (ii) the following stipulation: No site work or construction activities may be undertaken until after this Ordinance becomes effective according to Arizona law. 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, Arizona, September 5, 2017. FOR THE TOWN OF FOUNTAIN HILLS: nda M. Kav agh, Ma.Afr 17D►I/IKkTA811113N Grady E. Miller, 3 Manager 3055509.2 2 ATTESTED TO: Bevelyn J. BUider, Town Clerk APPROVED AS TO FORM: L I kkA..� Andrew J. McGuire, Town Attorney EXHIBIT A TO ORDINANCE 17-09 [Legal Description and Map of the Property] See following page. 3055509.2 'LV04rI.L6£-98 'ON IN3nnooG Nl 03021003X 0330 d8 03483S38 SY 3n7VA 7VIO8311WO .40 ION 80 83H.L3HM S7VIFJ3LVPN 378VNOISSU j0 NOUOnGOdd 3N1 Ol 7VUN3SS.3 .t72f6'/7I103d 38 O.L 03N#V&.RL3G 38 .t 6'W 80 S! HOIRM 7VI83L YPY 83M 0 .l Nb' 80 wmdoHu iYRlNV2If7 77 V H.L M I 83H.L3001 �N0[Ld1cl0S30 GNV 3nVN A83A3 j0 S830MY-3.4 GNV S71SSOJ S7V13IY !MOLS '7b'0O S30-NY1S8nS N-088VO,080AH 8314LO ONV S3SV9 '7/0 77V ld3OX3 W*Z9690-E00o?" 'ON IN3PVnDO:G GNV 6969060-100e 'ON IN3nn00G `961Ztll-86 'ON IN3PYnDOG Ni 03a2100321 NOU038YOO .40 S1G4VOU-4V 83L.d-V383,H.L CAW bNOZk1Y :UNnoo YdOOINVPY 30 S080038 B 3OVd SdVW JD fg* X008 O.L ON -108000V ONAM83dd00 lb V837770800 Y 1OV2tL Z�"ON -73389a 'L8LL6£-S8 'ON I N3nnOOG Nl 1930800321 Q330 .l8 03AY3S3d Sb' 3n7VA W1083nWO j0 ION 210 83H.L3HM S7V1831V1N 37iqvNo1ssu.io NoLionoodd aw Ol 7VILN3SS3 .l7MN17f103d 38 Ol 03NInHIL30 38 A Vn 80, S! 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