HomeMy WebLinkAboutOrd 2003-05 ORDINANCE NO. 03-05
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN TELLS, ARIZONA, AMENDING THE OFFICIAL ZONING
DISTRICT MAP OF THE TOWN OF FOUNTAIN HILLS BY DESIGNATING
9.91 ACRES OF LAND LOCATED NORTHEAST OF THE INTERSECTION
OF SHEA BOULEVARD AND PALISADES BOULEVARD, FROM THE "L-3
PUD" LODGING ZONING DISTRICT TO THE "R-4" MULTI-FAMILY
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 99-23, on August 16, 1999,
amending the zoning map to designate + 23.03 acres of real property (the "Hotel Property") as
"L-3 PUD"Lodging Zoning District; and
WHEREAS, the Town Council of the Town of Fountain Hills (the "Town Council")
desires to rezone±9.91 acres of the Hotel Property to R-4, Multi-Family residential; and
WHEREAS, public hearings were advertised in the January 8, 2003 edition of the
Times of Fountain Hills pursuant to ARJZ. REV. STAT. § 9-462.04; and
WHEREAS, public hearings were held (i) by the Fountain Hills Planning & Zoning
Commission on January 23, 2003 and (ii) by the Town Council on February 20, 2003 and March
6, 2003.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows:
SECTION 1. That the "Official Zoning District Map" is hereby amended to change the
Zoning District designation of + 9.91 acres of land, as legally described in Exhibit A and
graphically depicted in Exhibit B, each attached hereto and incorporated herein by reference,
from"L-3 PUD", Lodging Zoning District, to "R-4", Multi-Family Zoning District.
SECTION 2. 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.
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9196.O01\Fountain Vista rezone.ord.doc
2-28-03-1
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:
, j,),7 0
Jon M. Beydler, • Bev Bender,Tow Clerk
REVIEWS I i c APPROVED AS TO FORM:
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Tim G. Pickering,Town Manager Andrew J. McGuire,Town Attorney
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9196.001\Fountain Vista rezone.ord.doc
2-28-03-1
2
FOUNTAIN HILLS RESORT
LEGAL DESCRIPTION LOT 1
A portion of Section 20, Township 3 North,Range 6 East of the Gila and Salt River Base and Meridian
Maricopa County,Arizona;More particularly described;
Commencing at a Government Land Office Momiment found being the South Quarter Corner of said
Section 20; Thence along the South line of the West Quarter of said Section South 89 degrees 58 minutes
31 seconds Fnst a distance of 2640.40 feet to a Government Land Office monument being the Southeast
Corner of said Section; Thence North 32 degrees 25 minutes 21 seconds West a distance of 449.74 feet to a
rebar and cap set and the true Point of Beginning;
e Thence South 71 degrees 19 minutes 44 seconds West a distance of 966.00 fee to a rebar set;
Thence North 29 degrees 50 minutes 32 seconds West a distance of 440.62 feet to a rebar found at the east
Right of Way of Palisades Boulevard as shown in Book447 Page 3,Maricopa County Records;
Thence, along said Right of Way,North 28 degrees 45 minutes 49 seconds East a distance of 168.50 feet to
a rebar found at the beginning of a curve, concave westerly having a radius of 5228.45 feet;
Thence, along said curve,an arc length of 1093.70 feet to a rebar found;
Thence,departing said Right of Way.South 39 degrees 25 mimites 44 seconds Fast a distance of 1040.00
feet to a rebar and cap set;
Thence South 04 degrees 00 minutes 42 seconds West a distance of 425.00 feet to the Point of Beginning;
Containing an area of 23.04 acres, more or less
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HAROLD E.' A'2 BEABO T
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Exhibit "A"
23.02 acres of land legally described
FOUNTAIN HILLS RESORT
A PORTION OF SEC. 20. 21. 28 do 29. T 3 N, R 8 E. GdcSRB&M MARICOPA COUNTY. ARIZONA
FOUNTAIN HILLS, ARIZONA
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Scale in feet
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I SCALE: 1" = 400'
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TRACT
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PARCEL AREA
RESORT AREA 571,669.15 SQ FT (13.12 ACRES)
R-4 AREA 431,781.61 SQ FT (9.91 ACRES)
TRACT A 1,592,059.61 SQ FT (36.55 ACRES)
TRACT B 3,397.79 SQ FT ( 0.78 ACRES )
Exhibit
"B" Proposed Zoning Plan
23.02 acres of land graphically depicted