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HomeMy WebLinkAboutOrd 2007-05 ((ow ORDINANCE NO. 07-06 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 + 9.91 ACRES OF LAND FROM "R-4" MULTI-FAMILY RESIDENTIAL ZONING DISTRICT TO "L-3 PUD"LODGING ZONING DISTRICT. 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 April 25, 2007 edition of the Times of Fountain Hills; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on May 10, 2007, and by the Mayor and Council of the Town of Fountain Hills on ( June 7, 2007. 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, Establishment of Zoning Districts and Boundaries Thereof, Section 3.02, Boundary Lines on the Zoning District Maps, of the Zoning Ordinance, are hereby amended to change the Zoning District designation of + 9.91 acres of land as described in Exhibit A, attached hereto and incorporated herein by reference, from "R-4" Multi-Family Residential Zoning District to the "L-3 PUD"Lodging Zoning District. 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] 735623.1 ( Loy PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, June 7,2007. FOR THE TO OF FOUNTAIN HILLS: ATTESTED TO: W. J.Nich s, Bevelyn J. Be er, own Clerk REVIEWE APPROVED AS TO FORM: V 41,7- Timothy G. Pickering, Town Ma ger Andrew J. McGuire, Town Attorney 735623.1 2 • EXHIBIT A TO ORDINANCE NO. 07-06 [Legal Description] See following page. 735623.1 Cao Wood,Patel&Associates,Inc. April 25,2007 (480)834-3300 WP#052381.01 www.woodpatel.com Page 1 oft EXHIBIT 2 PARCEL DESCRIPTION Fountain Hills Resort Lot 2 That portion of Lot 1 of Fountain Hills Resort as shown on the final plat recorded in Book 597,page 42, Maricopa County Records(M.C.R.),lying within Sections 20,21,28 and 29,Township 3 North,Range 6 East of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows: COMMENCING at the northerly most corner of said Lot 1; THENCE along the northeasterly line of said Lot 1, South 39°25'44"East, a distance of 236.54 feet,to the POINT OF BEGINNING. THENCE continuing,South 39°25'44"East,a distance of 803.46,feet to the northeast corner of said Lot 1; (ow THENCE leaving said northeasterly line, along the east line of said Lot 1, South 04°00'42" West, a distance of 425.00,to the southeast corner of said Lot 1; THENCE leaving said east line,along the southerly line of said Lot 1,South 71°19'44"West,a distance of 687.06 feet; THENCE leaving said southerly line,North 16°36'24"West,a distance of 253.13 feet; THENCE North 73°33'17 East,a distance of 104.92 feet; THENCE North 73°23'31"East,a distance of 44.33 feet; THENCE North 74°03'03"East,a distance of 20.29 feet; THENCE North 64°02'47"East,a distance of 30.29 feet; THENCE North 49°38'22"East,a distance of 42.19 feet; THENCE North 41°12'33"East,a distance of 47.86 feet; THENCE North 35°29'04"East,a distance of 37.33 feet; THENCE North 34°46'40"East,a distance of 22.09 feet; THENCE North 23°47'58"East,a distance of 7.86 feet; THENCE North 12°56'10"East,a distance of 10.86 feet; THENCE North 14°53'14".East,a distance of 14.70 feet; THENCE North 15°45'33"East,a distance of 54.54 feet; THENCE North 15°06'10"East,a distance of 73.62 feet; THENCE North 15°17'09"East,a distance of 86.47 feet; THENCE North 14°56'35"East,a distance of 36.15 feet; THENCE North 15°49'52"East,a distance of 48.18 feet; THENCE North 15°42'58"West,a distance of 78.80 feet; THENCE North 15°27'21"West,a distance of 65.26 feet; THENCE North 24°24'24"West,a distance of 30.21 feet; THENCE North 29°39'30"West,a distance of 41.96 feet; �' Parcel Description April 25,2007 Fountain Hills Resort WP#052381.01 Lot2 Page 2of.2 THENCE North 38°59'25"West,a distance of 48.28 feet; THENCE North 46°52'00"West,a distance of 27.42 feet; THENCE North 54°40'55"West,a distance of 84.82 feet; THENCE North 52°33'13"West,a distance of 132.34 feet; THENCE North 22°29'11"East,a distance of 23.20 feet; THENCE North 52°22'57"East,a distance of 194.44 feet,to the POINT OF BEGINNING. Containing 9.9121 acres,or 431,771 square feet of land,more or less. Subject to existing rights-of-way and easements. This parcel description was prepared without the benefit of survey fieldwork and is based on the Final Plat of Fountain Hills Resort recorded in Book 597, page 42, M.C.R. and other client provided information.Any monumentation noted in this parcel description is based on said Final Plat. Y:\Patcet Descriptionsk052381.01 Fountain PCBs Resort Lot 2doc r (6Q' ) "NO S1FlCAPo. 4 : yob . , - • _• -•,,,-;:ik I t. EA k '''t \0- It+, 0 . A sel s.,-.,q"-k # `• .-.. 4111111715.11:i I 2 / 1„.._-... 4 It7 7 1112/2'-.-in 4 m in L iti-i a c 7;‘ aft,-,z tar .3r1W-i- Ex 1., V T t - !X 4 e-fitAl % v _ . 1/0vA-2Y-7.1 0 - 1:7- Atir 4r bps) 41,t,vu . sirkicus. ,:\\ , :_- to./ a ra,. iillitirA 4• iy ifirt.,W11011 opt.t.-Ator Ay gr. . 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