Loading...
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 PAGE 3 OF 3