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HomeMy WebLinkAboutOrd 2003-04 ORDINANCE NO. 03-04 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS, ARIZONA BY DESIGNATING + 8.94 ACRES OF LAND, LOCATED NEAR THE NORTHEAST INTERSECTION OF COPPERWYND DRIVE AND EAGLE RIDGE DRIVE, FROM "R1-8" SINGLE FAMILY ZONING DISTRICT AND "R-5" MULTIPLE-FAMILY RESIDENTIAL ZONING DISTRICT TO THE "R-5 PUD" RESIDENTIAL MULTI-FAMILY PLANNED UNIT DEVELOPMENT; AND ESTABLISHING AN EFFECTIVE DATE. 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, public hearings were advertised in the February 12, 2003 edition of the Times of Fountain Hills pursuant to Arizona Revised Statutes §9-462.04, and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on February 27, 2003 and by the Mayor and Council on March 6, 2003. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. The "Official Zoning District Map" shall be amended to change the Zoning District designation of 8.94 acres of land, as graphically depicted in Exhibit "A" and legally described in Exhibit "B", from the "R1-8" Single Family Zoning District and "R-5" Multi-Family Zoning District to the "R-5 PUD" Residential Multi-family Planned Unit Development. SECTION 2. The Zoning Regulations for this "R-5 Planned Unit Development" Zoning District Case #Z2003-02 and PD2003-01, shall be all of the standards of the "R-5"Multi-family Residential Zoning District, as amended, except where specifically modified in Section 3 through 6 of this Ordinance. SECTION 3. Side yard setback is amended to a minimum of 5 feet instead of the required 10 feet or height of the building, whichever is greater. SECTION 4. Retaining Wall Height within Front Setback is amended to allow an height in excess of three (3) feet based upon Engineer and Planning Staff review and approval. SECTION 5. Distance between buildings is amended to allow the horizontal separation of the buildings to be less than the vertical height of the highest adjacent building but not less 9196.001\Copperwynd rezone.ord.doc 3-10-03-1 than the separation required by the Uniform Building Code, most recently adopted by the Town of Fountain Hills. SECTION 6. The maximum building height is amended to allow 40' instead of the required 30'. SECTION 7. This Ordinance shall become effective 30 days after the Maricopa County Board of Supervisors grants approval of the deannexation/annexation approved by the Town Council pursuant to Ordinance No. 03-02. SECTION 8. If any provision of this Ordinance is for any reason held by any court of competent jurisdiction to be unenforceable, such provision of 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. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona,March 6, 2003. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Jon M. idler,M. or Bev Bender, Town Clerk REV 1. . ► �;__ -..- APPROVED AS TO FORM: ./t a! Andrew J. McGuire, Town Attorney Tun G. Pickering, Town Manager 9196.001\Copperwynd rezone.ord-doo 3-10-03-1 2 FEB-26-2003 13:27 P.02 EXHIBIT'A LEGAL DESCRIPTION- COPPERWYND PLANNED UNIT DEVELOPMENT Lot 1 of"COPPERWYND - FOUNTAIN HILLS", according to Book 460 of Maps, page 08, Records of Maricopa County, Arizona. Containing 348, 523 square feet or 8.01 acres, more or less. and also, Tract"K" of"CORDILLERA AT COPPERWYND", according to Book 483 of Maps,page 08, Records of Maricopa.County, Arizona. Containing 40,511 square feet or 0.93 acres, more or less. BASIS OF BEARG North 22 degrees 14 minutes 49 seconds West along the Monument Line of Eagle Rid 3 of apsge Drive a page 08, to Tract "K") as shown on Plat of "CORDILLERA AT COPPERWYND", Book Maricopa County Recorder and as shown on "MAP OF DEDICATION FOR EAGLE RIDGE DRIVE", (so Book 465 of Maps,page 16, Maricopa County Recorder. Reference is hereby made to the attached Exhibit B drawing. Sheet 1 of 2 �2262 Ropci<+E. a . C9NSCUI �, ra � 1237.2 B01 2-25-03 GT/REC:dbr FEB-26-2003 13:28 P.03 {------ EXHIBIT B , TRACT "A" AA "COPPERWYND - FOUNTAIN HILLS" $ BOOK 460, PG. 8, M.C.R. (SHEET 2 OF 2) No sy '� t SCALE t ` 2� ;':{INTAIN HILLS 1 LOT 1 \ "EAGLE RIDGE NORTH" BOOK 580, • \ , PG. 26, M.C.R. TRACT "D" ` .LOT 1 S'--- _ _ _ 1 COPPERWYND,- FOUNTAIN HILLS" ---\ BOOK 460, PG. Y, M_C.R.1 2 (SHEET 2 OF 2) "THE II LOT 2 AT . CORPORATE_�` / BOOK 465, PG. 37, M.C.R. CITY LIMITS (SHEET COPPERWYND Ny 2 OF 5) / CITY OF I L /i, SCOTTSDALE ` ‘ \?3.- # ."--..„N )3? , L- (MAP OF DEDICATIONI,EAGLE RIDGE SCOTTSDALE/FOUNTAIN HILLS, BOOK 465, PG.' 16, M.G.R.) c 1 OR : Isc 44' cb / LOT 3 TRACT b" sR (s Ac `�* "EAGLE RIDGE AT O,r hF�B � S• FOUNTAIN HILLS' \ ; SJ ` { a35 BOOK 569, PG. 11, M.C.R. COPPERVM'N 9 35 \ ;EAST_ (SHEET 9 OF 10) 3 ---- '4 \- ‘ TRACT "J" "� �Cr P IIT• Na. //,� PLANNED /- NN UNIT � DEVELOPMENT � •:� .�~ 1237.2 BO i t arm � 3 A 2 � 1 25 0 Date SKETCH OF LEGAL DESCRIPTION { ROBERTE. , 1 ,`o CONSONI • COppERWYND ` ,'� ' 02` GERVASIO & ASSOC. C• 13225 EAGGLE RIDGEDR. \9R''6f°Q� y k Sheet No. LUNG ENGINEERS IN IIIILLS, AZ • t. �r coNSU a. � 2 OF 2 452? N. 16TH STREET, SUITE 200 FOUNTAIN PHOENIX, ARIZONA 85016 (602) 265-1720 FAX 285-1530 of GERVA510 &n ASSOCIATES, INC., This drawing'is an instrument of service. It is the property. d ma not be reproduced or reproduction hereof used wthout permissio . an Y TOTAL P.03