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HomeMy WebLinkAboutORD1299ORDINANCE NO. 1299 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-8-07, FROM GENERAL RURAL ("GR")TO CONVENTIONAL SINGLE FAMILY HOMES BY PLANNED DEVELOPMENT ("R1-43/PD");REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. WHEREAS, on May 22,, 2007,,.the Apache Junction Planning and Zoning Commission Voted to .recommend approval of the rezoning request Case PZ-8-07 by a vote of 6 to 0,subject to the conditions of approval-listed in this ordinance; and WHEREAS,the City.Council hereby determines that the proposed rezoning conforms to all .of the applicable criteria as specified in the Apache Junction City Code, Volume II,Land -Development Code,Chapter 1,Zoning Ordinance Article 19-Planned Development Zoning District, Section 19.0109 General Criteria,and is in compliance with the Apache Junction General Plan,integrates with the surrounding neighborhood,adequately accommodates traffic, will have adequate public facilities,and the design and uses should result in enhancement to the social, built, and natural environment in the City. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY 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 half of the Northeast quarter of the Southeast quarter of the Southeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian,Pinal County, Arizona. ORDINANCE NO. 1299 PAGE 1 OF 4 EXCEPT the West 198 feet; and EXCEPT the East 50 feet thereof. Also known as Pinal County Assessors Parcel Number 103-21-015E and 103-21-015F; approximately 3.5 acres; be and hereby is amended from GR to R1-43/PD,subject to the following conditions: 1.Minimum lot size shall be reduced to 1.04 acres gross. 2.The existing two lots be reconfigured to create 3 lots in accordance with the attached "Option B."• 3.Access for all three lots shall be provided along 20th Avenue and the south half street shall be dedicated to the City.' 4.The existing mobile home may remain for a period of , twenty-four (24)months or until the property owner is able to replace it with a new site built home, whichever Corites first. 5.The minimum front yard setbacks shall be thirty feet (30') for the west lot, forty-five feet (45') for the middle lot, and sixty feet (60') for the east lot. 6.A one foot wide vehicular non -access easement shall be recorded -along,the property's east-boundary, excluding the thirty-three feet (33') wide 20th Avenue roadway easement and the developer shall comply with all federal,state and local rules relating to the reduction of particulate matter at the time of grading for the 20th Avenue roadway easement. 7.No building shall be constructed in the south thirty- three feet (33') utility easement on each lot. 8.All three lots shall be allowed horse uses as normally permitted for standard R1-43 lots. ORDINANCE NO. 1299 PAGE 2 OF 4 10. All applicable permits shall be applied for and plans shall be designed to current City codes prior to any further lot grading or construction on the lots. Inclusively, all applicable development fees shall be paid at the time of permits issuance. SECTION REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION PROVIDING FOR SEVERABILITY If any section,sub -section,sentence,phrase,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 3RD DAY OF JULY , 2007. SIGNED AND ATTESTED TO THIS 2007. ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO. 1299 PAGE 3 OF 4 17TH DAY OF JiIll Y HN S. INSALACO Mayor APPROVED AS TO FORM: 1 3.07 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1299 PAGE 4 OF 4