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HomeMy WebLinkAboutOrd 2019-09 OFFICIAL RECORDS OF Town of Fountain Hills I MARICOPA COUNTY RECORDER ADRIAN E. Avenue of the Fountains I FONTES Fountain Hills, AZ 85268 I 20190784096 10/02/2019 3:46 TOFHORD1909-5-1-1--,N Development Services Department I ELECTRONIC RECORDING I ORDINANCE NO. 19-09 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 16.08 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF PALISADES BOULEVARD, WEST SIDE OF LA MONTANA, NORTH SIDE OF AVENUE OF THE FOUNTAINS, AND EAST SIDE OF WESTBY AS SHOWN IN CASE NO. Z2019-01, FROM C-2 — INTERMEDIATE COMMERCIAL ZONING DISTRICT AND C-2-EO — INTERMEDIATE COMMERCIAL ZONING DISTRICT WITH THE ENTERTAINMENT OVERLAY TO KEYSTONE PAD. WITH EXHIBITS DO NOT REMOVE This is part of the official document O \\to lor that is At'1' ORDINANCE NO. 19-09 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 16.08 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF PALISADES BOULEVARD, WEST SIDE OF LA MONTANA, NORTH SIDE OF AVENUE OF THE FOUNTAINS, AND EAST SIDE OF WESTBY AS SHOWN IN CASE NO. Z2019- 01, FROM C-2 — INTERMEDIATE COMMERCIAL ZONING DISTRICT AND C-2- EO — INTERMEDIATE COMMERCIAL ZONING DISTRICT WITH THE ENTERTAINMENT OVERLAY TO KEYSTONE PAD RECITALS: 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 a 16.08 acre parcel of real property from C-2 — Intermediate Commercial Zoning District and C-2-EO — Intermediate Commercial Zoning District with the Entertainment Overlay District to Keystone PAD (the "Zoning District Map Amendment"); and WHEREAS, the Zoning District Map Amendment proposed by this ordinance is consistent with the Fountain Hills General Plan 2010 as amended; and WHEREAS, all due and proper notices of public hearings on the Zoning District Map Amendment 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 July 25, 2019 on the Zoning District Map Amendment; and WHEREAS, the Town Council held an additional public hearing regarding the Zoning District Map Amendment on August 13, 2019. ENACTMENTS: 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 16.08 acre parcel of real property generally located south of Palisades, west of La Montana, north of Avenue of the Fountains, and east of Westby, as more particularly described and depicted on Exhibit A, attached hereto and incorporated herein by reference, is hereby rezoned from C-2 — Intermediate Commercial Zoning District and C-2-EO — Intermediate Commercial Zoning District with the Entertainment Overlay District to Keystone PAD, subject to the following requirements, under which the applicant shall: ORDINANCE 19-09 PAGE 2 a. Ensure compliance with the Keystone Development Plan approved with this P.A.D, except as modified below. b. Ensure compliance with all of the Town's adopted codes, requirements, standards and regulations, except as specifically stated in the Keystone PAD Development Plan. c. Review and acceptance of the detail design of the clubhouse and associated amenities by the Development Services Director prior to or with submission of the construction documents. 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, this 13th day of August, 2019. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: a a, Ginn ickey, ti;layor Elizabeth rke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: /")/\it...-dtdct.„. C.. Grady E. Mill , wn Manager Aaron . rns , Town Attorney ORDINANCE 19-09 PAGE 3 EXHIBIT A TO ORDINANCE No. 19-09 OFFICIAL SUPPLEMENTARY ZONING MAP f ; AMENDING THE TOWN OF FOUNTAIN HILLS ZONING MAP ' , 0 i / t,-31 ; , i 1 RI f , L1J I -I: / < PALISADES BLVD 4. 245.19' ft 1 L.1 Z i 5 1--------1 , I . II i - PARKVIEW AVE co 8 1 1 1 r 11--- .[,- ------ 1 b ' .49 426.86 178.27' i ...__.....i )1 -..,. KEYSTONE PAD 8 1 - ; 1 820.00' •/ - AVENUE OF THE FOUNTAINS S , ' CASE: Z2019-01 ACREAGE: 12.25 REQUEST: REZONE FROM C-2 - INTERMEDIATE COMMERCIAL AND C-2-EO - INTERMEDIATE COMMERCIAL THE ENTERTAINMENT OVERLAY TO KEYSTONE PAD ORDINANCE: ORD19-09