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TOWN OF FOUNTAIN HILLS
ORDINANCE 01-10
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TEXT OF
THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS,
ARIZONA PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, BY AMENDING
SECTION 7 OF THE "C-2 INTERMEDIATE COMMERCIAL PLANNED
UNIT DEVELOPMENT ZONING DISTRICT" AS ADOPTED BY
ORDINANCE 00-06 THAT DESIGNATED 28.6± ACRES OF LAND, AS
LEGALLY DESCRIBED IN EXHIBIT "A" AND GRAPHICALLY
DEPICTED IN EXHIBIT "B", FROM THE "IND-2" LIGHT INDUSTRIAL
ZONING DISTRICT TO THE "C-2 INTERMEDIATE COMMERCIAL
PLANNED UNIT DEVELOPMENT 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, The Town of Fountain Hills adopted Ordinance #00-06, on April 6, 2000, which
rezoned 28.6± acres of land, located southeast of the intersection of Shea Boulevard
and Saguaro Boulevard from the "IND-2"Light Industrial Zoning District to the"C-
2 Intermediate Commercial Planned Unit Development Zoning District"; 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
BOITNDARIES THEREOF, Section 3.02 Boundaries Lines on the Zoning
Districts Maps.establishes the "Official Zoning Districts Map"; and
WHEREAS, Public hearings were advertised in the May 9,May 16, May 23,May 30 and June 6,
2001 editions of The Fountain Hills Times, pursuant to Arizona Revised Statutes
§9-462.04, and
WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission
on May 24, 2001 and the Mayor and Common Council on June 7, 2001; and
Ordinance 01-10
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WHEREAS, The Future Land Use Plan Map in the Town of Fountain Hills General Plan has
been amended by Resolution 99-23 to designate the land depicted in Exhibits "A &
B" for General/Retail Commercial land uses,
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS:
Section 1, That Section 7 of the "C-2 Intermediate Commercial Planned Unit Development
Zoning District" as adopted by Ordinance 00-06 shall be amended so that 29.24±
acres of land referred to in Ordinance 00-06, located southeast of the intersection of
Shea Boulevard and Saguaro Boulevard and as legally described in Exhibit "A" and
graphically depicted in Exhibit`B" shall be amended as follows: New text is shown
as doubleAinderlined and text proposed to be eliminated is shown as Liubbod uut:
Section 7.
The major and iniiiurgrocer anchor space, as shown in Exhibit"C",shall not be physically
subdivided divided into smaller leasable tenant spaces or sublet to separate ancillary uses of
less than 100,000 square feet and 20,000 square fact, test eutivcip. for_thelonger_cif_five
years hem nning at the commencement date of the Economic Develnpment Aa cement
between the Town of Fountain Hills and Barclay Holding XVII LLf dated
2001 or the date when the Economic Development greement
floor area of the major anchor space
Section 2. EFFECTIVE DATE: Ordinance 01-10 shall only become effective upon the
recordation of the Economic Development Agreement, dated 2001
between the Town of Fountain Hills and Barclay Holding XVII.
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Ordinance 01-10
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Arizona,this 7th day of June, 2001.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
CAVI)Ltbi
S aron Morgan,Mayor Cassie B. Hansen,Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
/7( Gz
0A; idg.41
a 'n, own Manager William E. Farrell,Town Attorney
c
Ordinance 01-10
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