HomeMy WebLinkAboutORD1289ORDINANCE NO. 1289
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE
APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY
AMENDING THE ZONING DISTRICT MAP,CITY OF APACHE
JUNCTION,ARIZONA;CHANGING THE ZONING DISTRICT
CLASSIFICATION IN REZONING CASE PZ-15-06,A
REQUEST BY MARGARET HAMILTON,FROM GENERAL RURAL
(GR)TO CONVENTIONAL SINGLE-FAMILY RESIDENCE BY
PLANNED DEVELOPMENT (RI-43/PD)AND CONVENTIONAL
OR MANUFACTURED SINGLE-FAMILY RESIDENCE BY
PLANNED DEVELOPMENT (R1-43MH/PD);REPEALING ANY
CONFLICTING PROVISIONS;AND PROVIDING FOR
SEVERABILITY.
WHEREAS, on January 23, 2007, the Apache Junction
Planning and Zoning Commission voted. unanimously (6 to 0)
to recommend approval of rezoning Case PZ-15-06; and
WHEREAS, the Mayor and City Council hereby determine
that the proposed rezoning conforms to all of the general
criteria as specified in Section 19.0109 of the Zoning
Ordinance,including compliance with the deneral Plan,
integration with the surrounding neighborhood, adequate
traffic accommodation, adequate public facilities,
extension of infrastructure, and that the design and uses
should result in enhancements to the social, built, and
natural environments in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I:IN GENERAL
The zoning district classification on the Zoning District
Map, City of Apache Junction, Arizona, for the parcel of
land legally described as the North 1.09 gross acres of the
following described property:
The Southeast quarter of the Southeast quarter
of the Northeast quarter of the Southeast quarter
of Section 22, Township 1 North, Range 8 East,
Less the West 100 feet of the South 135 feet
ORDINANCE NO. 1289
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thereof (2.19 Gross Acres), Pinal County, Arizona,
be and hereby is amended from GR to R1-43MH/PD; and
The zoning district classification on the Zoning District
Map, City of Apache Junction, Arizona, for the parcel of
land legally described as the South 1.09 gross acres of the
following decribed property,:
The Southeast quarter of the Southeast quarter
of the Northeast quarter of the Southeast quarter
of Section 22, Township 1 North, Range 8 East,
Less the West 100 feet of the South 135 feet
thereof (2.19 Gross Acres), Pinal County, Arizona,
be and hereby is amended from GR to R1-43/PD, subject to
the following conditions of approval:
1)The north ± 1 acre is to be rezoned from GR (General
Rural) to R1-43MH/PD (Single -Family for conventibnal
or Manufactured Homes by Planned Development).The
south ± 1 acre is to be rezoned from GR (General
Rural) to R1-43/PD (Conventional Single -Family
Residence by Planned Development).
2)The future two lots shall be created through the
City's Land Split process.
3)The proposed land split subsequent to this rezoning
shall divide the 2.19 gross acre parcel into two
equal sized parcels.The land split should produce
lot sizes of ± 47,700 square feet for both lots.
4)The structures currently located within the Federal
Patented Easements on the north and west sides of
the lot may remain as long as there are no changes
to their current condition, and as long as the use
of those easements is not required for roadway or
utility purposes.New or replacement structures
must be built in compliance with setbacks at the
next opportunity.
5)The resultant R1-43/PD and R1-43MH/PD zoning shall
allow horse privileges for both parcels, as
ORDINANCE NO. 1289
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normally permitted for standard R1-43 lots.
6)The lawful non -conforming business shall be allowed
to remain on the future north parcel until the
current property owner closes the business and in
accordance with the City -approved Letter -of -Lawful
Non -Conformity and Article 3 of the City's Zoning
Ordinance.
7)The applicant shall dedicate to the City for
roadway and utility purposes the east 50 feet for
Goldfield Road and the south 33 feet for 4th Avenue.
SECTION II:REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances •in conflict with the
provisions of this ordinance are hereby repealed.
SECTION III:PROVIDING FOR SEVERABILITY
If any section, sub -section, sentence, phtase, clause or
portion of this ordinance, or any part of the code adopted
herein by reference, 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 thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION, ARIZONA, THIS 20TH
FEBRUARY , 2007.
DAY OF
SIGNED AND ATTESTED TO THIS 22ND DAY OF FEBRUARY r 2007.
p ;1 /)
DOUGLAS (OLEMAN
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
ORDINANCE NO. 1289
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APPROVED AS TO FORM:
29.
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1289
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