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HomeMy WebLinkAboutOrd 1999-14 TOWN OF FOUNTAIN HILLS ORDINANCE 99-14 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AMENDING THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS, ARIZONA BY DESIGNATING 4.58 ACRES OF LAND, AS GRAPHICALLY SHOWN IN ATTACHMENT "A" AND AS LEGALLY DESCRIBED IN ATTACHMENT "B", FROM THE "C-1" NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL ZONING DISTRICT TO THE "TCC", TOWN CENTER COMMERCIAL ZONING DISTRICT. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills; and, WHEREAS, Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes. establishes the authority and procedures for amending the zoning district boundaries; and, WHEREAS, Chapter 3, ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES THEREOF, Section 3.02 Boundary Lines on the Zoning District Maps establishes the "Official Zoning District Maps"; and, WHEREAS, Public hearings were advertised in the February 24, 1999, March 3, 199, March 10, 1999 and the March 17, 1999 editions of The Times of Fountain Hills and Rio Verde,pursuant to Arizona Revised Statutes §9-462.04, and, WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on March 11, 1999 and by the Mayor and Common Council on March 17, 1999. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS: Section 2. The "Official Zoning District Maps" shall be amended to change the Zoning District Designation of 4.58 acres of land located east of Saguaro Boulevard, North of El Lago Boulevard and southwest of Fountain Park, which is graphically depicted in Attachment "A" and legally described in Attachment "B", from the "C-1" Neighborhood Commercial and Professional Zoning District the "TCC", Town Center Commercial Zoning District Ordinance 99-14 Page 1 of 2 ASS/ AIL 3—I A--9l 9 M TION '+A+. SECOND r-'oWt COUNT (9_O PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona,this 17th day of March, 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: /n J" 111' vi )1v .— i Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Paul L. o in, Town Manager William E. Farrell,Town Attorney L Ordinance 99-14 Page 2 of 2 PRG ?OSED REZON ` FROM Cl TO TCCD 4. \�` �ti (fry /: :..� `,� .,�tni\ i k ��`\�ti'`•��..,,__ if \ l ��• J, t \\{f J , \ lf, A frf / �., / 1;- FOUNTAIN PARK f�� FOUNTAIN BAZAAR __ , AREA TO BE sue , REZONED ' ' ' v - 4 � v, (----) , - f Attachment "A" 1"=300' .; DATE: 2/18/99 , , . LEGAL DESCRIPTION A PORTION OF THE SOUTHEAST QUARTER OF SECTION 14, TO (ttie6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARHIF 3 NOR T RANGE ARIZONA MORE PARTICULARLY DESCRIBED AS FOLLOWS. JPA COUNTY, COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF FOUNTAIN HILLS ARIZONA FINAL PLAT No. 208 AS RECORDED ON NOVEMBER 30,OF THE RECORDS OF MARICOPA COUNTY, SAID POINT BEING ON BOOK THE EASTERLY RIGHT OF WAY LINE OF SAGUARO BOULEVARD AND SAID POINT BEING ALSO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 1145.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 88 DEGREES 50 MINUTES 36 SECONDS WEST, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06 DEGREES 35 MINUTES 23 SECONDS AN ARC LENGTH OF 131.69 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE ARC OF LAST SAID CURVE AND SAID EASTERLY RIGHT OF WAY, THROUGH A CENTRAL ANGLE OF 12 DEGREES 53 MINUTES 21 SECONDS AN ARC LENGTH OF 257.58 FEET; THENCE NORTH 20 DEGREES 38 MINUTES 08 SECONDS EAST A DISTANCE OF 845.49 FEET; THENCE DEPARTING SAGUARO BOULEVARD, SOUTH 69 DEGREES 21 MINUTES 52 SECONDS EAST A DISTANCE OF 86.05 FEET; THENCE SOUTH 15 DEGREES 52 MINUTES 00 SECONDS WEST A DISTANCE OF 249.00 FET; THENCE SOUTH 09 DEGREES 23 MINUTES 30 SECONDS WEST A DISTANCE OF 105.00 FEET; THENCE SOUTH 05 DEGREES 09 MINUTES 59 SECONDS EAST A DISTANCE OF 108.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 640.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 DEGREES 20 MINUTES 01 SECONDS AN ARC LENGTH OF 115.43 FEET; THENCE CO SECONDS EAST A DISTANCE OF 414.63 FEET TO THEOD NORTHERLY DEGREES TOOF WAY MINUTES 1NE CF EL LAGO BOULEVARD; THENCE SOUTH 74 DEGREES 50 MINUTES 00 SECONDS %botEST ALONG SAID RIGHT OF WAY, A DISTANCE OF B FEET A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A 1RADIUSTO OFTHE 470.0GIFEET; OF THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20 DEGREES 21 MINUTES 57 SECONDS AN ARC LENGTH OF 167.06 FEET; THENCE NORTH 84 DEGREES 48 MINUTES 03 SECONDS WEST A DISTANCE OF 84.58 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 92 DEGREES 32 MINUTES 50 SECONDS AN ARC LENGTH OF 32.31 FEET TO THE POINT OF BEGINNING. THIS PARCEL CONTAINS AN AREA OF 5.9224 ACRES MORE OR LESS. 4ttachment "B" _ —tea ino art itam or offs A3 OF BE. - . r [ U D VRF...S_l 38 • V-MINUTE 08 SECONDrEAST FO THE EASTERLY RIGHT OF WAY LINE OF SAGUARO BOUL ARD AS SHOWN ON FOUNTAIN HILLS ARIZONA FINAL PLAT No. 208 AS RF_C .DED ON NOVEMBER 30, 1971 IN BOOK 144, PAGE 4 OF THE RECORDS OF MARICOPA COUNTY. 2. THE REFERENCE FOR THIS SURVEY IS THE COMMITMENT FOR TITLE INSURANCE BY STEWART TITLE GUARANTY COMPANY, ORDER No. 97180286, DATED JUNE 5, 1998. 3. PROPERTY CORNERS ARE MONUMENTED WITH A 1/2 INCH REBAR AND CAP MARKED R.L.S. 16098 4. FLOOD INDINE CATED ONDESIGNATION: FFLOOD FLOOD INSURANCE RATE MAP PANELNo. ONE X AS N ATED ON THE 1750 DATED SEPTEMBER 4, 1991. 5. THE MAJOR PORTION OF THIS PROPERTY IS ZONED C-1. THIS ZONING ALLOWS A BUILDING HEIGHT OF 25 FEET AND LOT COVERAGE UP TO 60%. THE BUILDING SETBACK LINES ARE SHOWN ON THIS MAP. EASEMENTS 1. EASEMENTS AND RIGHTS INCIDENT THERETO FOR CABLE TELEVISION AS SET FORTH IN INSTRUMENT RECORDED FEBRUARY 1, 1972 IN DOCKET 9213, PAGE 469. THIS IS A NON—EXCLUSIVE EASEMENT THROUGH ALL PUBLIC UTILITY EASEMENTS AND ACCESS THROUGH UNSUBDIVIDED AREAS FOR TV SERVICE. DOCUMENT No. 83-283433: THIS DOCUMENT PURPORTS RPRTS THAT DOCUMENT ARE ROAD EASEMENT ALONG WITH A PARCEL DESCRIBED IN SUBJECT TO THE CONDITIONS AND RESERVATIONS AS SET FORTH IN THE DEC;LPRAT!ON OF RESERVATIONS FOUNTAIN HILLS, ARIZONA, FINAL PLAT 101, CKET 8821MARICOPA COUNTY,PAGES 72 120 OF THE RECORDS 14, 1971 AND OF MARICOPA COUNTY WITIH DCERTA N 88_1 0 RESTRICTIONS. 3. DOCUMENT No. 90-020914: A WARRANTY DEED FROM FOUNTAIN HILLS SPECIAL ROAD I SITE CTHAT IS DESOCRIBED PROPERTIES N DOCUMENTE 83NGRESS 283433AND ABOVERESS TO THE BAZAAR DISTRICT CERTIFICATION TO 150462 O.S.Ltd., CORPORATION, AN ARIZONA CORPORATION AND STEWART TITLE GUARANTY COMPANY: THIS 1S TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN (i) ACCORDANCE WITH "MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/ACSM LAND TITLE SURVEYS," JOINTLY ESTABLISHED AND ADOPTED BY ALTA, ACSM AND NSPS IN 1997, AND INCLUDES ITEMS 1,2,3,4,6, TANDAR AND 13 TABLE BY ALTATHEREOF, AND ACSM(1ANDUN EFFECT ON THE THEACCURACY OF TANDARDS (AS ADOPTED THIS CERTIFICATION) OF AN URBAN SURVEY. 1.gNp DATE: " ' y.'41`, ,, ' � �\FICATF 41. &ttachment "B" ci 10260 -I? cc f^a....,. ,7 opRGe w. 0