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HomeMy WebLinkAboutOrd 2015-03 ORDINANCE 15-03 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS OFFICIAL ZONING DISTRICT MAP FOR APPROXIMATELY 1.239 ACRES GENERALLY LOCATED AT THE SOUTHWEST CORNER OF INDIGO DRIVE AND EMERALD DRIVE AS SHOWN IN CASE NO. Z2014-05, FROM R1-18 (SINGLE-FAMILY RESIDENTIAL) TO R-3 (MULTI- FAMILY RESIDENTIAL). 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,to change the zoning description for an approximately 1.239 acre parcel of real property from R1-18 (Single Family Residential) to R-3 (Multi-Family Residential)(the"Zoning Map Amendment"); and WHEREAS, the Zoning Map Amendment proposed by this Ordinance is consistent with the Fountain Hills General Plan 2010, as amended by GPA2013-01, approved by the Town Council on May 1, 2014; and WHEREAS, all due and proper notices of public hearings on the Zoning Map 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 (kw provided by ARIz.REv. STAT. § 9-462.04; and WHEREAS,the Commission held a public hearing on April 9, 2015, on the Zoning Map Amendment, after which the Commission recommended approval; and WHEREAS, The Town Council held an additional public hearing regarding the Zoning Map Amendment on May 7, 2015. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The approximately 1.239 acre parcel of real property generally located at the southwest corner of Indigo Drive and Emerald Drive, as shown in Case No. Z2014-05, as more particularly described and depicted on Exhibit A, attached hereto and incorporated herein by reference, is hereby rezoned from R1-18 (Single-Family Residential) to R-3 (Multi-Family Residential), subject to the Town's adopted codes, requirements, standards and regulations, and the following stipulations: 1. The applicants shall submit Site Improvement Plans that are in substantial conformance with the Town-approved proposal included in the Town's official records for Case No. Z2014-05 (the "Case File"). All utilities and drainage L 2322378.1 , features must be installed and functional as shown on the improvement plans and approved by the Town Engineer prior to the issuance of any building permit. 2. No occupancy permit shall be issued prior to the completion of all approved (as shown in the Case File) site improvements. Said improvements must be approved by both the Town Engineer and the Planning&Zoning Administrator. 3. The applicants shall submit plans showing any and all notes and revisions required by this decision to the Planning & Zoning Administrator for review and approval prior to making application for a Building Permit. A copy of said plans shall be submitted with any and all building permit applications for this project. 4. Prior to the issuance of a Certificate of Occupancy, the applicants shall comply with the following: A. The requirements noted in the Fountain Hills Sanitary District's review memo dated December 9, 2014, or as subsequently amended (included in Case File). B. The items noted in the Fountain Hills Fire Department's review memo dated December 4, 2014, or as subsequently amended (included in Case File). C. The items noted in the Fountain Hills Town Engineer's memorandum of March 9, 2015 (included in Case File). 5. No site work or construction activities may be undertaken during the 30-day period following approval of this Ordinance. SECTION 3. 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. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Ordinance. [SIGNATURES ON FOLLOWING PAGE] 2322378.1 Limie PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, May 7,2015. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M,Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney L L 2322378.1 EXHIBIT A TO ORDINANCE 15-03 [Legal Description and Map of the Property] See following pages. J j 2322378.1 r ,.,. LEGAL DESCRIPTION Fountain Hills Arizona Final Plat No. 203, Lot 2, Block 8, as recorded in Book 149, Page 29, Records of Maricopa County Recorder, Maricopa County, Arizona, being a portion of Section 22, T. 3 N., R. 6 E. of the G. & S. R. B. &M., Maricopa County, Arizona. co' (it e 2322378.1 V TOWN OF FOUNTAIN HILLSNO REZONING (R1-18 TO R-3) EXHIBIT "A" FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 203, BLOCK 8, LOT 2 / \ 2 9 N 1 4 , 0 . off' 8 63819. N. N BLOCK 8 A =85'35'19" LOT 2 R = 20.00' L = 29.88' = Noi) AREA = 54,384 SF / APN 176-07-279 4� tv O N ,� IV 239�6S" N 1 11 �'I'� Wv►yE S 0 30, 60 MAP BASED ON FOUNTAIN HILLS ARIZONA, FINAL PLAT NO. 203, AS milmmellilli ORIGINALLY RECORDED ON MAY 9, 1972, BOOK 149 OF MAPS, PAGE 29, SCALE: 1" = 60' RECORDS OF MARICOPA COUNTY, ARIZONA, BEING A PORTION OF SECTION 14,15,22 & 23, T. 3 N., R. 6 E. OF THE GILA AND SALT RIVER BASE AND DATE: 2-25-15 MERIDIAN, MARICOPA COUNTY, ARIZONA. try. ORDINANCE 15-03 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS OFFICIAL ZONING DISTRICT MAP FOR APPROXIMATELY 1.239 ACRES GENERALLY LOCATED AT THE SOUTHWEST CORNER OF INDIGO DRIVE AND EMERALD DRIVE AS SHOWN IN CASE NO. Z2014-05, FROM R1-18 (SINGLE-FAMILY RESIDENTIAL) TO R-3 (MULTI- FAMILY RESIDENTIAL). 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, to change the zoning description for an approximately 1.239 acre parcel of real property from R1-18 (Single Family Residential) to R-3 (Multi-Family Residential) (the"Zoning Map Amendment"); and WHEREAS, the Zoning Map Amendment proposed by this Ordinance is consistent with the Fountain Hills General Plan 2010, as amended by GPA2013-01, approved by the Town Council on May 1, 2014; and WHEREAS, all due and proper notices of public hearings on the Zoning Map 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 April 9, 2015, on the Zoning Map Amendment, after which the Commission recommended approval; and WHEREAS, The Town Council held an additional public hearing regarding the Zoning Map Amendment on May 7, 2015. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The approximately 1.239 acre parcel of real property generally located at the southwest corner of Indigo Drive and Emerald Drive, as shown in Case No. Z2014-05, as more particularly described and depicted on Exhibit A, attached hereto and incorporated herein by reference, is hereby rezoned from R1-18 (Single-Family Residential) to R-3 (Multi-Family Residential), subject to the Town's adopted codes, requirements, standards and regulations, and the following stipulations: 1. The applicants shall submit Site Improvement Plans that are in substantial conformance with the Town-approved proposal included in the Town's official records for Case No. Z2014-05 (the "Case File"). All utilities and drainage 2322378.2 features must be installed and functional as shown on the improvement plans and approved by the Town Engineer prior to the issuance of any building permit. 2. No occupancy permit shall be issued prior to the completion of all approved (as shown in the Case File) site improvements. Said improvements must be approved by both the Town Engineer and the Planning&Zoning Administrator. 3. The applicants shall submit plans showing any and all notes and revisions required by this decision to the Planning & Zoning Administrator for review and approval prior to making application for a Building Permit. A copy of said plans shall be submitted with any and all building permit applications for this project. 4. Prior to the issuance of a Certificate of Occupancy, the applicants shall comply with the following: A. The requirements noted in the Fountain Hills Sanitary District's review memo dated December 9, 2014, or as subsequently amended (included in Case File). B. The items noted in the Fountain Hills Fire Department's review memo dated December 4, 2014, or as subsequently amended (included in Case File). C. The items noted in the Fountain Hills Town Engineer's memorandum of March 9, 2015 (included in Case File). 5. No site work or construction activities may be undertaken during the 30-day period following approval of this Ordinance. SECTION 3. 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. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Ordinance. [SIGNATURES ON FOLLOWING PAGE] 2322378.2 2 (10, PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, June 4,2015. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: isx.off wieto )-11, nda M, Kava M�� aY Y 6r evel n J. Bend ,Tor g Clerk REVIEWED BY: APP VED AS TO FORM: 4%0%041 . 3Ul cl).#4"CAAP*-- Kenneth W. Buchanan,Town Manager Andrew J. McGuire, Town Attorney L L 2322378.2 3 EXHIBIT A TO ORDINANCE 15-03 [Legal Description and Map of the Property] See following pages. L L 2322378.2 ,r LEGAL DESCRIPTION Fountain Hills Arizona Final Plat No. 203, Lot 2, Block 8, as recorded in Book 149, Page 29, Records of Maricopa County Recorder, Maricopa County, Arizona, being a portion of Section 22,T. 3 N., R. 6 E. of the G. & S. R. B. & M., Maricopa County , Arizona. L L 2322378.2 tomy TOWN OF FOUNTAIN HILLS REZONING (R1-18 TO R-3) EXHIBIT "A" FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 203, BLOCK 8, LOT 2 / \ \ \ <;1?..;":NN � 0 � 82 C_? 7• :v. �N BLOCK 8 0 =85'35'19" kw 2 LOT 2 R = 20.00; L = 29.88 AREA = 54,384 SF / APN 176-07-279 7 N 1-- / H 6S. 39;26Sh iv / N 1 11 W �il�, E S 0 30' 60' MAP BASED ON FOUNTAIN HILLS ARIZONA, FINAL PLAT NO. 203, AS ORIGINALLY RECORDED ON MAY 9, 1972, BOOK 149 OF MAPS, PAGE 29, SCALE: 1' - 60' RECORDS OF MARICOPA COUNTY, ARIZONA, BEING A PORTION OF SECTION DATE: 2-25-15 14,15,22 & 23, T. 3 N., R. 6 E. OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA. rirttikl • N P O A Neighborhood Property Owners' Association of Fountain kills, Arizona, Inc- 16810 E.Avenue of the Fountains,Suite 119,Fountain Hills AZ 85268-8496 www.npoafh.org•info@npoafh.org•Tel 480.837.5317•Fax 1.848.260.5183 "Keeping Fountain Hills Neighborhoods Beautiful" May 13, 2015 The Honorable Mayor and Town Council Town of Fountain Hills 167O5 n iastls,AZ 85268venue the Fountains F 1-'0') Foutn Hi F R RE: Case#Z2014-06 (Plat 203, Block 8, Lot 2, 11208 N Indigo Drive) Dear Mayor and Town Council: The Neighborhood Property Owners Association of Fountain Hills, Incorporated (NPOA) Board of Directors is opposed to rezoning request Case#Z2014-06 located in plat 203, Block 8, Lot 2. Rezoning would change lot from R1-18,Single Family Residential to R-3 Multi-Family. Although there are existing condominiums adjacent to the proposed structure,these properties are located off either Fountain Hills or Kingstree Boulevards-streets with more traffic and carrying capacity than has Indigo Drive. We believe that the addition of another multi-family project to this area,that already has several multi-family structures,would be excessive.The NPOA believes there are other neighborhoods in Fountain Hills where this project would be a better fit. As background information,the NPOA was formed in 1992 as an Arizona Nonprofit Corporation by Fountain Hills residents dedicated to preserving the beauty of local neighborhoods. The NPOA is similar to an HOA as it has authority to enforce deed restrictions. The Association has over 4,100 member properties in 44 plats, including plat 203. Some of our member properties are condominiums and townhomes. We are not opposed to multi-family development. The most important guideline that the Association follows is that "All structures must be of an architectural character in harmony with, and compatible to, existing structures in the subdivision generally, and in the neighborhood in which the structure is to be constructed,specifically." We are concerned that the proposed multi-story apartment complex is not compatible with existing single family,single story residences in this neighborhood, The Association believes that during the planning and construction phases, a number of points should be kept in mind: 1)Alter the site as little as possible, 2)Structures shall be built to blend with the natural terrain and 3) Maintain the architectural character of the neighborhood. Homes located across the street from the lot that is seeking rezoning are single story. The Association believes the development should be in harmony with these homes. For these reasons,the Neighborhood Property Owners Association believes this request is not in the best interests of its members and is opposed to rezoning this lot. Sincerely, Neighborhood Property Owners'Association of Fountain Hills, Incorporated, Board of Directors ames Waddell, President a—; e-ki 4JtJ Arno • *hrer,Vice • e '. l 05-?6- rr ,��� "Pp? : 2G t.i,.ei ii. 1.4-I/ i rwr R C V D Tr. �' / P • • : •rar,Treasurer A . OL,,reAr,A, -- ary A ii:osnos, Director • .Charmain B weici3Litek Director .► .ky.n Ph,f, Iirector c �4 I. . A :arb-;`)771111:71-70111"ir Dan Mehosky,Chair,Committee of Architecture L f OFFICIAL RECORDS OF MARICOPA COUNTY RECORDEI HELEN PURCELL 20150408368 06/09/2015 01 own of Fountain Hills I ELECTRONIC RECORDING 6705 E. Avenue of the Fountains I ountain Hills, AZ 85268 I WAIVERPLAT203-8-1-1-- I Yorkm )evJelopment Services Department I I TOWN OF FOUNTAIN HILLS AND TRAPEZIUM CONSULTING GROUP, LLC WAIVER OF CLAIMS FOR DIMINUTION OF VALUE JUNE 4, 2015. FINAL PLAT 203, BLOCK 8, LOT 2 AS RECORDED IN BOOK 149, PAGE 29 RECORDS OF MARICOPA COUNTY WITH EXHIBITS DO NOT REMOVE This is part of the official document vyTMN4 J w z �il...�4.. — FOR i$8t is*x�� 20150408368 L WAIVER OF CLAIMS FOR DIMINUTION OF VALUE UNDER ARIZ.REV.STAT.§§ 12-1134—1136 BETWEEN THE TOWN OF FOUNTAIN HILLS AND TRAPEZIUM CONSULTING GROUP,LLC THIS WAIVER OF CLAIMS FOR DIMINUTION OF VALUE UNDER ARIZ. REV. STAT. §§ 12-1134 - 1136 (this -Waiver") is made 11,,,r,„E , 2015, between Trapezium Consulting Group, LLC, an Arizona limited liability company, (the "Owner") and the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), regarding the approximately 1.239-acre parcel of real property located at the southwest corner of Indigo Drive and Emerald Drive, in Fountain Hills, Arizona (the "Property"), as more fully described and depicted on Exhibit A attached hereto and incorporated as if fully set forth herein (the"Property"). 1. Waiver of Claims Related to the Rezoning. Owner (i) is the owner of all right, title and interest in the Property and(ii)on behalf of itself and all other parties having an interest in the Property intends to encumber the Property with the following agreements and waivers: The Owner agrees and understands that the Town is entering into this Waiver in conjunction with that certain approval for rezoning of the Property, Case No. Z2014-05 (the "Rezoning") in good faith and with the understanding that, if the Town approves the Rezoning, it will not be subject to a claim for diminished value of the Property from the Owner or other parties having an interest in the Property. Owner agrees and consents to all the conditions imposed as part of the ordinance Rezoning the Property (the "Rezoning Ordinance"), including all stipulations adopted by the Council of the Town of Fountain Hills (the"Town Council")and, by signing this Waiver, hereby waives any and all claims, suits, damages, compensation and causes of action the Owner may have now or in the future under the provisions of ARIZ.REv. STAT. §§ 12-1134 through and including 12-1136 (but specifically excluding any provisions included therein relating to eminent domain) and resulting solely from actions relating to the Rezoning. Owner acknowledges and agrees that any stipulations imposed by the Town Council as part of the Rezoning Ordinance will not result in a reduction of the fair market value of the Property as defined in ARIZ.REV.STAT. § 12-1136. The Owner acknowledges that additional stipulations may be imposed by the Town Council, in its sole discretion, prior to approval of the Rezoning. Owner agrees and understands that its waiver of claims as set forth in this Waiver shall be deemed to extend to cover any changes to the Rezoning Ordinance and all stipulations to the Rezoning Ordinance approved by the Town Council unless, not later than three business days following such Town Council approval, Owner notifies the Town, in writing, of its disagreement with such stipulation(s). In the event that Owner timely notifies the Town of such disagreement, Owner shall not be deemed to have waived claims with respect to only the stipulations imposed or revised by the Town Council prior to approval of the Rezoning Ordinance; provided, however,that if Owner does not submit a separate waiver of such claims, in a form acceptable to the Town, prior to close of business on the fifth business day following approval of the Rezoning Ordinance,then the Town may, after proper notice and hearing, rescind the Rezoning Ordinance, and if rescinded by the Town Council acting in its sole discretion, this Waiver shall act as a bar to a claim for diminished value based upon the rescinded Rezoning Ordinance. The foregoing waiver of L 2323295 1 20150408368 Lew claims shall not be effective and shall be of no further force and effect with respect to the Rezoning in the event the Town Council disapproves the Rezoning Ordinance. 2. Entire Agreement; Modification. This Waiver, any exhibits attached hereto, and any addenda, collectively constitute the entire understanding and agreement of the Owner and the Town and shall supersede all prior agreements or understandings between the Owner and Town regarding waiver of claims pursuant to ARrz. REV. STAT. § 12-1134 et seq. relating to the Property with respect to the Rezoning. This Waiver may not be modified or amended except by written agreement by the Owner and Town. 3. Applicable Law; Cancellation. This Waiver is entered into in Arizona and will be construed and interpreted under the laws of the State of Arizona. This Waiver is subject to the cancellation provisions of ARIz.REV.STAT. § 38-511. 4. Recording; Waiver Runs With Land. Within ten days after the execution of this Waiver, the Town Clerk shall file the Waiver in the Official Records of the County Recorder's Office, Maricopa County, Arizona. This Waiver runs with the land and is binding upon all present and future owners of the above-referenced Property. 5. Owner Authority. The Owner warrants and represents that it is the owner of all right, title and interest to the Property, and that no other person has an ownership interest in the Property. The person(s) who sign on behalf of Owner personally warrant and guarantee to the Town they have the legal power to bind the Owner to this Waiver. [SIGNATURES ON FOLLOWING PAGES] L 2323295.1 2 20150408368 L IN WITNESS WHEREOF,the parties hereto have executed this instrument as of the date and year first set forth above. "Town TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W. Buchanan, Town Manager ATTEST: Bevelyn J. nder, own Clerk (ACKNOWLEDGMENT) (NY STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) OIL. g , 2015, befbre me personally appeared Kenneth W. Buchanan, the Town lyianager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be,and acknowledged that he signed the above document. NOP/Mk).Valis 4:4 Mos mmucomcoutrry Not* Public UI hfri Canvntseir Expites (Affix iicitaiy [SIGNATURES CONTINUE ON FOLLOWING PAGE] L 2323295 1 3 20150408368 L "Owner" TRAPEZIUM CONSULTING GROUP, LLC, an Arizona.- 'tnited liability company By: Bruce A. Tully, Man,ger (ACKNOWLEDGMENT) STATE OF ARIZONA )ss. COUNTY OF MARICOPA On \ ZVI.61 pn , 2015, before me personally appeared Bruce A. Tully, as manaOr of TRAPEZIUM CONSULTING GROUP, LLC, an Arizona limited liability company,whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the company. Notary Public (Affix notary seal here) 4 Mks Mattel i 4/o4,...11* Note/Pubi: Ara Maim&County Maine My Conn.Ecktis1:647-17 4444.464.4~41.4. L 2323295.1 4 20150408368 L EXHIBIT A TO WAIVER OF CLAIMS FOR DIMINUTION OF VALUE UNDER ARIZ.REV.STAT. §§ 12-1134- 1136 BETWEEN THE TOWN OF FOUNTAIN HILLS AND TRAPEZIUM CONSULTING GROUP, LLC [LEGAL DESCRIPTION AND MAP OF THE PROPERTY] SEE FOLLOWING PAGES. L 2323295.1 20150408368 L LEGAL DESCRIPTION Fountain Hills Arizona Final Plat No. 203, Lot 2, Block 8, as recorded in Book 149, Page 29, Records of Maricopa County Recorder, Maricopa County, Arizona, being a portion of Section 22,T. 3 N., R. 6 E. of the G. & S. R. B. &M.,Maricopa County ,Arizona. L L 2323295.1 s 20150408368 TOWN OF FOUNTAIN HILLS REZONING (R1-18 TO R-3) EXHIBIT "A" FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 203, BLOCK 8, LOT 2 r \\X �/ \, \\;\://:\,/ N ry^ o ti i © -85'35'19" illie °j�,�° LOT 2 R 20.00; L = 29.88 AREA = 54,384 SF 1 APN 176-07-279 c w o o3 p ry ti 2 / co Nvt ~ / � 6 2 23g 3- ty I J/ C----....' ' 0 / 0 60' MAP BASED ON FOUNTAIN HILLS ARIZONA, FINAL PLAT NO. 203, AS 11111111111111=1"1111111111.11. ORIGINALLY RECORDED ON MAY 9, 1972, BOOK 149 OF MAPS, PAGE 29, SCALE: 1` - 60' RECORDS OF MARICOPA COUNTY, ARIZONA, BEING A PORTION OF SECTION DATE: 2-25-15 14,15,22 & 23, T. 3 N., R. 6 E. OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA.