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HomeMy WebLinkAboutRes 2009-40 ttor RESOLUTION NO. 2009-40 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING THE DOWNTOWN FOUNTAIN HILLS AREA SPECIFIC PLAN. WHEREAS, on September 17, 2009, the Mayor and Council of the Town of Fountain Hills (the "Town Council") approved the Downtown Fountain Hills Vision Plan (the"Downtown Vision Plan"); and WHEREAS, the Town Council desires to adopt the Downtown Vision Plan as an Area Specific Plan as provided in ARIz. REV. STAT. § 9-461.09, as amended, to be known as the "Downtown Fountain Hills Area Specific Plan" (the "Area Specific Plan"); and WHEREAS, the proposed Area Specific Plan provides for appropriate land uses for the downtown area; and WHEREAS, the proposed Area Specific Plan satisfactorily addresses the issues of traffic circulation, adequacy of public utilities, transition to existing development, economic development, the preservation of open space and all of the elements of the Town's adopted General Plan; and WHEREAS, notice of the public hearings on the proposed Area Specific Plan before the Planning and Zoning Commission (the "Commission") was provided in the Fountain Hills Times on November 4, 2009 and November 11, 2009; and WHEREAS, notice of the public hearings on the proposed Area Specific Plan before the Town Council was provided in the Fountain Hills Times on November 18, 2009; and WHEREAS, public hearings on the Area Specific Plan were held by the Commission on November 30, 2009 and December 10, 2009, and by the Town Council on December 17, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Area Specific Plan contained in file ASP2009-01, including narrative text that clarifies and supports modifications in land use and changes to the area shown on the Land Use Map, as described in Exhibits A and B, attached hereto and incorporated herein by reference, is hereby adopted. SECTION 2. If any provision of this Resolution 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 Resolution. 1120918.1 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, December 17,2009. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: 0. Schlum, Mayor Bevelyn J. nd Town Clerk REVIEWED BY: APPROVED AS TO FORM: (;),414'. fj Richard L. Davis, Town Manager Andrew J. McGuire, Town Attorney 1120918.1 EXHIBIT A TO RESOLUTION NO. 2009-40 [Legal Description] See following pages. Exhibit "A" TOWN OF FOUNTAIN HILLS DOWNTOWN AREA SPECIFIC PLANNING AREA That portion of the eastern half of Section 15 and western half of Section 14, Township 3 North Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, said parcel being more particularly described as follows: Commencing at the centerline intersection of Palisades Boulevard and Westby Drive, the TRUE POINT OF BEGINNING; Thence following said centerline of Palisades Boulevard south 69 degrees 21' 52" east, a distance of 984.30 feet to a point being the centerline intersection of Palisades Boulevard and La Montana Drive; Thence departing said centerline of Palisades Boulevard and following said centerline of La Montana Drive, north 20 degrees 38 minutes 08 seconds east, a distance of 105.00 feet to the beginning of a tangent curve, concave easterly and having a radius of 210.00 feet; thence along the arc of said curve through a central angle of 71 degrees 51 minutes 52 seconds, an arc length of 263.40 feet; Thence south 87 degrees 30 minutes 00 seconds east, a distance of 624.07 feet to the beginning of a tangent curve, concave northerly and having a radius of 500.00 feet; thence along the arc of said curve through a central angle of 21 degrees 00 minutes 00 seconds, an arc length of 183.26 feet; cor Thence north 71 degrees 30 minutes 00 seconds east, a distance of 523.72 feet to a point being the centerline intersection of La Montana Drive and Saguaro Boulevard; Thence following said centerline of Saguaro Boulevard south 18 degrees 30 minutes 00 seconds east, a distance of 662.14 feet to the beginning of a tangent curve, concave southwesterly and having a radius of 1200.00 feet; thence along the arc of said curve through a central angle of 21 degrees 57 minutes 52 seconds, an arc length of 460.02 feet to a point being the centerline intersection of Saguaro Boulevard and Palisades Boulevard/Panorama Drive; Thence following said centerline of Panorama Drive south 69 degrees 21 minutes 52 seconds east, a distance of 135.30 feet to the beginning of a tangent curve, concave southerly and having a radius of 349.98 feet; thence along the arc of said curve through a central angle of 40 degrees 17 minutes 04 seconds, an arc length of 246.07 feet; Thence south 29 degrees 05 minutes 00 seconds east, a distance of 281.77 feet to the beginning of a tangent curve, concave northeasterly and having a radius of 350.00 feet; thence along the arc of said curve through a central angle of 20 degrees 05 minute 00 seconds, an arc length of 122.68 feet; Thence south 49 degrees 10 minutes 00 seconds east, a distance of 597.70 feet to the beginning of a tangent curve, concave northeasterly and having a radius of 350.00 feet; thence along the arc of said curve through a central angle of 25 degrees 10 minutes 18 seconds, an arc length of 153.77 feet; Thence south 74 degrees 20 minutes 18 seconds east, a distance of 136.69 feet to the beginning of a tangent curve, concave southwesterly and having a radius of 500.00 feet; thence along the arc liov Page 1 of 1 cor of said curve through a central angle of 67 degrees 50 minutes 19 seconds, an arc length of 591.99 feet; Thence south 6 degrees 29 minutes 58 seconds east, a distance of 404.84 feet to the beginning of a tangent curve, concave northwesterly and having a radius of 399.98 feet; thence along the arc of said curve through a central angle of 29 degrees 15 minutes 00 seconds, an arc length of 204.20 feet to a point being the centerline intersection of Panorama Drive and El Lago Boulevard; Thence following said centerline of El Lago Boulevard north 67 degrees 15 minutes 06 seconds west, a distance of 62.00 feet to the beginning of a tangent curve, concave southeasterly and having a radius of 272.01 feet; thence along the arc of said curve through a central angle of 68 degrees 54 minutes 48 seconds, an arc length of 327.17 feet; Thence south 43 degrees 50 minutes 00 seconds west, a distance of 340.76 feet to the beginning of a tangent curve, concave northerly and having a radius of 250.00 feet; thence along the arc of said curve through a central angle of 80 degrees 25 minutes 00 seconds, an arc length of 350.88 feet; Thence north 55 degrees 45 minutes 00 seconds west, a distance of 137.00 feet to the beginning of tangent curve, concave southwesterly and having a radius of 300.00 feet; thence along the arc of said curve through a central angle of 22 degrees 35 minutes 00 seconds, an arc length of 118.25 feet; Thence north 78 degrees 20 minutes 00seconds west, a distance of 303.80 feet to the beginning of a tangent curve, concave southerly and having a radius of 350.00 feet; thence along the arc of said curve through a central angle of 26 degrees 50 minutes 00 seconds, an arc length of 163.92 feet; 4109 Thence south 74 degrees 50 minutes 00 seconds west, a distance of 481.17 feet to the beginning of a tangent curve, concave northwesterly and having a radius of 500.00 feet; thence along the arc of said curve through a central angle of 20 degrees 21 minutes 57 seconds, an arc length of 177.73 feet; Thence north 84 degrees 48 minutes 03 seconds west, a distance of 540.44 feet to the beginning of a tangent curve, concave northerly and having a radius of 500.00 feet; thence along the arc of said curve through a central angle of 15 degrees 26 minutes 11 seconds, an arc length of 134.71 feet; Thence north 69 degrees 21 minutes 52 seconds west, a distance of 1607.16 feet to the beginning of a tangent curve, concave northeasterly and having a radius of 1000.00 feet; thence along the arc of said curve through a central angle of 18 degrees 56 minutes 12 seconds, an arc length of 330.51 feet Thence north 50 degrees 25 minutes 40 seconds west, a distance of 292.04 feet; Thence leaving said centerline of El Lago Boulevard north 20 degrees 38 minutes 08 seconds east, a distance of 615.10 feet; Thence south 69 degrees 21 minutes 52 seconds east, a distance of 24.75 feet; Thence north 20 degrees 38 minutes 08 seconds east, a distance of 520.29 feet to the beginning of a non-tangent curve, concave northerly and having a radius of 1200.00 feet, said point being on the centerline of Avenue of the Fountains; thence along said centerline of Avenue of the Fountains, the arc of said curve through a central angle of 18 degrees 26 minutes 21 seconds, an Page 2 of 2 arc length of 386.19 feet to a point being the centerline intersection of Avenue of the Fountains and Westby Drive; Thence along said centerline of Westby Drive north 40 degrees 18 minutes 05 seconds east, a distance of 55.00 feet to the beginning of a tangent curve, concave westerly and having a radius of 400.00 feet; thence along the arc of said curve through a central angle of 19 degrees 39 minutes 57 seconds, an arc length of 137.29 feet; Thence north 20 degrees 38 minutes 08 seconds east, a distance of 1040.49 feet to a point being the centerline intersection of Westby Drive and Palisades Boulevard, the TRUE POINT OF BEGINNING. This parcel contains an area of 11,548,226.25 square feet or 265.11 acres more or less. Page 3 of 3 ^ r , f -- , \\V,\ ,,,,.\\..--...;........................ - .....•,\VO:, ' - .':\T"-Q.,:iri ,,,,,\r T _.„. ,.,,,,,,,\:::.„. , .,,,„ ...,,,,, , „ ,,,,,...„.(, ..„., ___ „.yrr---,-.--.__,:-T.:, , _ j-:-1„...-:„.._.....'-. 1 ' , , , --- lot, -. _ -<<<y \' 4 ..,...,,, /,'T---. A -1: -.-- - -7 ,.\,\N % -1,1 itf 1 RE .- II IA IA J J f' ....'-'<r\ ') 1s ( ; s f' / 'wrx ./7,./( muh jç < 7- 0 ( -,,, -(,",_.-:4_ \---p.:1.. //,/ :::1- f ^. i 121(/)[5: : /,/ ::::11-:-1.71:'''''7":- '''',..?:///::'\ , ar% // P ;: r_ '' Fes.. / /. ei? I itl I. f / fl `.� 'Lf % 11;1 Z - / ` , / ' --- ( /, ,,:::I // '-' -- 1:::c.---1:Ir t j/1 /1. ..f1'f11 f .D, i: dl ..1 '27/2/7/ ''''----'-"i i—'-"."'-'1- '''''.4'N' i I 3- / s1 r fh. / f $ / § // w. 'w 4 jf/fJr ^ J F Kay i3 g ) mot.,...... b f 3 �� ^. . 1-'-`-..,..., I -.. ''-'----,:'-----, 7C/:// -.. 44' ' s., 7&C- /":" L. ‘"'.' s'L n J 1111 / EXHIBIT B TO RESOLUTION NO. 2009-40 [Downtown Area Specific Plan] See following pages.