HomeMy WebLinkAboutOrd 2008-08 When recorded, please return to: I
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
Town of Fountain Hills I H E L E N P U R C E L L
16705 E. Avenue of the Fountains I 2008-0357299 04/23/08 09:36 AM
Fountain Hills, AZ 85268 I 15 OF 15
I nCDEVI7TR
Attn: Planning & Zoning Department I
I
CAPTION HEADING:
Ordinance No. 2008-08
Amending the official zoning districts maps for
approximately 3.57 acres located at the S/E corner
of Shea Boulevard and Fountain Hills Boulevard
This is part of the official document.
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Copies Routed To:
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o File BOOK OF MAPS ON PAGE
o Other
( ORDINANCE NO. 08-08
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, FOR
APPROXIMATELY 3.57 ACRES LOCATED AT THE SOUTHEAST
CORNER OF SHEA BOULEVARD AND FOUNTAIN HILLS BOULEVARD,
AS SHOWN IN FILENAME Z2007-03, REZONING SUCH PROPERTY FROM
MULTI-FAMILY ZONING DISTRICT (M-1 PUD) TO COMMERCIAL
OFFICE ZONING DISTRICT (C-O PUD) AND IMPOSING CONDITIONS
UPON SUCH CHANGE.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town
Council") desires to amend the Town of Fountain Hills Official Zoning District Map (the
"Zoning Map")pursuant to ARIz.REV. STAT. § 9-462.04; and
WHEREAS, all due and proper notices of public hearings on the intended amendment to
be held before the Town of Fountain Hills Planning and Zoning Commission (the
"Commission") and the Town Council were given in the time, form, substance and manner
provided by ARIz.REV. STAT. § 9-462.04; and
WHEREAS, the Commission held a public hearing on March 27, 2008, on the
amendment to the Zoning Map pursuant to such notices and as required by ARIz.REV. STAT. § 9-
462.04; and
WHEREAS, the Commission recommended approval; and
WHEREAS, the Town Council held a public hearing on April 17, 2008, regarding the
amendment to the Zoning Map pursuant to such notices and as required by ARIZ.REV. STAT. § 9-
462.04.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That + 3.57 acres of real property, generally located at the southeast corner
of Shea Boulevard and Fountain Hills Boulevard, as shown in filename Z2007-03 (the
"Property"), as more particularly described and depicted in Exhibit A, attached hereto and
incorporated herein by reference, are hereby rezoned from Multi-Family Zoning District (M-1
PUD) to Commercial Office Zoning District (C-O PUD) subject to the stipulations set forth in
the staff report and any stipulations imposed by the Town Council during the public meeting at
which this Ordinance was approved.
SECTION 2. That 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
1 validity of the remaining portions of this Ordinance.
848010.1
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, April 17, 2008.
FOR THE TOWN OF OUNTAIN HILLS: ATTESTED TO:
W. .Nichol ,M yor Bevelyn J. B der own Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kath een M. Zanon, Interim Town Manager Andrew J. McGuire, Tow ttorney
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848010.1
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( EXHIBIT A
TO
ORDINANCE NO. 08-08
[Legal Description and Map of the Property]
See following pages.
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848010.1
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PROPOSED LOT A-4
LEGAL DESCRIPTION
All that portion of Parcel"A-1" of FIREROCK as shown in Book 503 of Maps at Page 20,
Maricopa County Records, located in the northeast quarter of Section 28, Township 3 North,
Range 6 East of the Gila and Salt River Base and.Meridian, Maricopa County, Arizona, except
the following:
Commencing at the centerline intersection of Shea Boulevard and Firerock Country Club Drive,
from which the southeast corner of said Section 28 bears South 16°54'24"East 5289.38 feet;
thence North 84°55'47"East along said centerline of Shea Boulevard, 130.35 feet;thence South
05°04'13"East, 78.00 feet to the southerly right of way line of said Shea Boulevard and the
POINT OF BIGINNING;
Thence North 84°55'47"East along said southerly right of way line, 234.66 feet;
Thence South 43°14'06"West, 69.87 feet;
Thence South 00°19'50"East, 53.43 feet;.
Thence South 40°53'54"East, 62.52 feet to a point on the northerly right of way line of said
Firerock Country Club Drive;
Thence along said northerly right of way line the following four courses:
1) Westerly along the arc of a non-tangent curve,the center of which bears South
08°11'47"West 720.00 feet, through a central angle of 4°11'55"an arc length of 52.76
feet;
2) North 86°00'08"West, 85.22 feet;
3) Along a curve concave to the northeast,having a radius of 138.00 feet, through a central
angle of 59°28'17"an arc length of 143.24 feet;
4) Along a compound curve concave to the east,having a radius of 30.00 feet,through a
central angle of 111°27'39" an arc length of 58.36 feet to the POINT OF BEGINNING.
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