HomeMy WebLinkAboutOrd 2018-07ORDINANCE NO. 18-07
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE OFFICIAL ZONING
DISTRICTS MAPS OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, BY
AMENDING THE ZONING DESIGNATION OF 0.36 ACRES LOCATED AT
11639 N. SAGUARO BLVD. (AKA APN#176-08-448) FROM C-1 —
NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL ZONING
DISTRICT TO C-3 — GENERAL COMMERCIAL ZONING DISTRICT TO
ALLOW THE CONSTRUCTION OF AN AUTO SALE, SERVCE, AND
DETAIL BUSINESS.
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 May 9, 2018 and May 16, 2018 editions of the
Times of Fountain Hills; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on May 24, 2018, and by the Mayor and Council of the Town of Fountain Hills on
June 19, 2018.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the "Official Zoning District Maps," codified in Chapter 3 of the
Zoning Ordinance, are hereby amended to change the Zoning District designation of 0.36 acres
of land located at 11639 N. Saguaro Blvd., as more particularly described on Exhibit A and
depicted on Exhibit B, both attached hereto and incorporated herein by reference, from "C-1 —
Neighborhood Commercial and Professional Zoning District" to "C-3 — General Commercial
Zoning District' to allow the construction of an auto sales, service, and detail business.
SECTION 2. 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.
[SIGNATURES ON FOLLOWING PAGE]
PHOENIX 77018-1 4690030
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, June 19, 2018.
FOR THE TOWN OF FOUNTAIN HILLS
.QjA,jrl
Lin'ea M. Ka a h, Mayor
REVIEWED BY:
Grady E. Mil , wn Manager
2
PHOENIX 77018-1 469003v1
ATTESTED TO:
-T o' A VWW NA�,
APPROVED AS TO FORM:
Mit , interim Town Attorney
D'c so right PLLC
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PHOENIX 77018-1 469003v1
EXHIBIT A
T4
ORDINANCE N4. 18-07
[Legal Description of the Property]
See following pages.
EKHierr "An
No. 211-SB86822
LOT 8, BLOCK 1, OF FOUNTAIN HILLS, ARIZONA, FINAL PLAT NO, 302, ACCORDING TO THE PLAT OF
RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN
BOOK 156 OF MAPS, PAGE 45;
EXCEPT ALL MINERALS AS RESERVED UNTO THE UNITED STATES OF AMERICA IN PATENT OF SAID
LAND RECORDED FEBRUARY 28, 1956 IN DOCKET_ 1839, PAGE 426, RECORDS OF MARICOPA COUNTY,
ARIZONA;
EXCEPT ALL OIL, GASES AND OTHER HYDROCARBON SUBSTANCES, COAL, STONE, METALS, MINERALS,
FOSSILS AND FERTILIZERS OF EVERY NAME AND DESCRIPTION, TOGETHER WITH ALL URANIUM,
THORIUM, OR ANY OTHER MATERIAL WHICH IS OR MAY BE DETERMINED TO BE PECULIARLY
ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIALS, WHETHER -OR NOT OF COMMERCIAL
VALUE;
EXCEPT ALL UNDERGROUND WATER, IN, UNDER OR FLOWING THROUGH SAID LAND AND WATER
RIGHTS APPURTENANT THERETO,
Page 7
EXHIBIT B
TO
ORDINANCE NO. 18-07
[Map of the Property]
See following pages.
PHOENIX 77018-1 469003v1
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