HomeMy WebLinkAboutORD1337ORDINANCE NO. 1337
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,AMENDING APACHE JUNCTION
CITY CODE,VOLUME II,LAND DEVELOPMENT CODE,CHAPTER
1,ZONING ORDINANCE,ARTICLE 13,ZONING ORDINANCE
AMENDMENTS AND CHANGES,SECTION 13.0104,REQUIRED LIST
OF PROPERTY. OWNERS,AND SECTION 13.0105,PUBLIC
HEARING;REPEALING ANY .CONFLICTING PROVISIONS;AND
PROVIDING FOR SEVERABILITY.
WHEREAS,in late 2008,citizens complained about the
inadequacy of the zoning .code relating to required
notifications in industrial rezoning cases which,in one
particular case,resulted in nearby .homeowners not becoming
aware of a proposed recycling center and transfer station
in close proximity to their homes; and
WHEREAS,pursuant to such concern,on February 24,
2009,the Apache Junction Planning and Zoning Commission,
in a vote of 6 to 0; recommended to Council.a change to the
property notification requirement from 300 feet to 1500
feet on industrial rezonings as a text amendment to the
•Zoning Ordinance; and
WHEREAS,the Mayor and City Council considered the
matter at its March 16,2009 and September 14,2009 Work
Sessions,and instead of 1500 feet as .referenCed above,
directed staff to change the ordinance to 500 feet.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS
FOLLOWS:
SECTION I IN GENERAL
A. That Apache Junction City Code,Volume II,Land
Development Code,Chapter 1,Zoning Ordinance,Article
13,Zoning Ordinance Amendments and Changes,Section
13.0104,Required List of Property Owners,is hereby
amended in its entirety to read aS follows:
1)Property Owner List for Residential or Commercial
Rezonings.Every applicant initiating a zoning
ordinance amendment for a proposed residential or
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commercial rezoning shall submit along with the
application a County A'sessor's map or maps of the
proposed rezoning area and showing the area within
three hundred feet (300') of the site, and an accurate
and complete notarized list made within the previous
thirty (30) calendar days giving the names, addresses
and parcel numbers of the owners of all properties
lying within three hundred feet (300') of the proposed
change.
2)Property Owner List for Industrial Rezonings.Every
applicant initiating a zoning ordinance amendment for
a proposed industrial rezoning shall submit along with
the application a County Assessor's map or maps of the
proposed rezoning area and showing the area within
five hundred feet (500').of the site, and an accurate
and complete notarized list made within the previous
thirty (30) calendar days giving the names, addresses
and parcel numbers of the owners of all properties
lying within five hundred feet (500') of the proposed
.change.
3)Cost for Map and List.The maps and lists required
under subsections 1 and 2 above shall be furnished by
the applicant at his or her own expense and may be
rejected for insufficiency by the Council, Planning
Commission or the Development Services Department.
For purposes of compiling the list of said property
owners, the applicant shall utilize current records of
the Pinal and Maricopa County Assessor's Offices.
4)Material Change to Rezoning.Should there be a
material change in the area to be considered for
rezoning, a supplemental list shall be prepared and
submitted by the applicant and additional notices
shall be sent in the same manner as noted above.
B. Apache Junction City Code, Volume II,Land Development
Code,Chapter 1,Zoning Ordinance,Article 13,Zoning
Ordinance Amendments and Changes,Section 13.0105,
Public Hearing,is hereby amended in its entirety to
read as follows:
1)Required Public Hearing.Every application, Council
motion or Commission motion fpr .zoning amendment shall
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be considered by the Planning and Zoning Commission at
a public hearing.Notic of the time, date, and place
of the hearing and'a reasonable description of the
matter to be heard shall be given to the property
owners of properties described in Sections 13.0104 (1)
and (2) at least fifteen (15).calendar days before
such hearing commences.
2)Publication Requirement.The notice shall also be
published in a newspaper of general circulation,
published or circulated in the City of Apache
Junction, and if there is none, posted in at least
(10) public places in the community.
3)Property Posting Requirement.In addition, a notice
shall also be affixed on the property under rezoning
consideration so that the following information is
visible from the public right-of-way from a distance
of at least one hundred feet (100'):a)'the phrase
"NOTICE OF ZONING HEARING"; b) the present zoning
district classification; c) the proposed zoning
district classification; and d) the date, time and
location Of the zoning healing.
4)Rezonings Abutting Other Communities.In hearings
involving rezoning which abut other incorporated
municipalities or unincorporated county areas or any
combination thereof, the Planning Division shall send
copies of the hearing notice to the planning agency of
such governmental entities.
5)Amendment of Rezoning Request.If any amendment by
the Planning Commission or Council to the initial
rezoning application involves one or more parcels of
land, then in addition to the publication requirements
provided above, the Planning Division shall cause to
be notified, by first class mail, all property owners
within three hundred feet (300') of the perimeter of
the property or properties sought to be rezoned to
residential or commercial use;or all property owners
within five hundred feet (500') of the perimeter of
the property or properties sought to be rezoned to
industrial use.In the event that a motion for
amendment concerns only the amendment of the general
requirements, or permitted uses and does not include
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the rezoning of an area from one zoning classification
to another, then no mailings are required.
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,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 6TH DAY OF
OCTOBER , 2009.
SIGNED AND ATTESTED TO THIS 6TH DAY OF OCTOBER,2009.
OayfN S. INSALACO
or
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
q 30 .o9
RICHARD JOEL STERN
City Attorney
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