HomeMy WebLinkAboutORD1397ORDINANCE NO. 1397
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 FOR THE
PROPERTY DESCRIBED IN REZONING CASE PZ-7-13, A REQUEST
BY THE MILLARD F. HARTLEY RESIDUAL TRUST, RUTH S.
HARTLEY, TRUSTEE, AND THE MICHAEL E. AND BETTY M.
SWEENEY REVOCABLE TRUST, MICHAEL E. AND BETTY M.
SWEENEY, TRUSTEES, REPRESENTED BY BETTY SWEENEY, FROM
LOCAL BUSINESS ZONE (CB -1) AND MULTIPLE -FAMILY
RESIDENCE ZONE (CR-5) TO GENERAL COMMERCIAL DISTRICT
(C-3); REPEALING ANY CONFLICTING PROVISIONS; AND
PROVIDING FOR SEVERABILITY.
WHEREAS, the subject property was rezoned by the City in
the early 1980's and was used for a taxicab business for a
number of years, but has never otherwise been fully developed as
a commercial property; and
WHEREAS, the applicants have proposed to relocate a
business already operating in the City on the site, and have
proposed a development plan for the property to accommodate said
business; and
WHEREAS, on January 28, 2014, the Apache Junction Planning
and Zoning Commission voted to recommend approval of rezoning
case PZ-7-13 by a vote of 6-0, subject to certain basic
conditions for the development of the property; and
WHEREAS, the City Council hereby determines that the
proposed rezoning conforms to all of the general criteria as
specified in Section 1-16-5 C-3 Local Commercial District of the
City of Apache Junction Zoning Ordinance,including compliance
with the General 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.
ORDINANCE NO. 1397
PAGE 1 OF 3
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
That the zoning district classification on the Zoning District
Map, City of Apache Junction, Arizona, for the parcel of land
legally described as:
Lot 26, Block 3, amended plat of Newtown Subdivision,
according to the plat of record in the Office of the
County Recorder of Pinal, County, Arizona, in Book 5
of Maps, Page 23A; Except the East 17 feet thereof
(also known as Pinal County Assessor parcel number
101-02-080A);
be and hereby is amended from Local Business Zone (CB -1) and
Multiple -family Residence Zone (CR-5) to General Commercial
District (C-3), subject to the following conditions of approval:
1)The subject property shall be substantially developed
within two (2) years of this rezoning approval, or the
zoning may be subject to reversion by City Council
legislative action pursuant to Apache Junction City Code,
Volume II,Land Development Code,Chapter 1 Zoning
Ordinance,Article 1-13 Amendments and Changes,Section
1-13-11 Significance of Approval.
2)All signage on the property shall comply with the City's
Sign Code.
3)All development on the property is subject to proper
permits and inspections.
4)All development on the property is subject to compliance
with all other adopted City codes and ordinances,
including but not necessarily limited to, the City's
Zoning Ordinance, Engineering Guidelines, Landscape and
Screening Requirements, and Commercial Design Guidelines.
SECTION II REPEALING ANY CONFLICTING PROVISIONS:
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
ORDINANCE NO. 1397
PAGE 2 OF 3
SECTION III PROVIDING FOR SEVERABILITY:
If any section, subsection, 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 unconsti-
tutional 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 AN ITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS Aerlf DAY OF 114 JZ , 2014.
SIGNED AND ATTESTED TO THIS DAY OF P44 -g.td-, 2014.
HN INSALACO
2 y o r
ATTEST:
Z L L J
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
c:gr a -a7.1+
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1397
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