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HomeMy WebLinkAboutORD1363ORDINANCE NO. 1363 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT,AMENDING THE DEVELOPMENT PLAN FOR THE PROPOSED FOOTHILLS SUBDIVISION BY DELETING 14 LOTS COMPRISED OF +/- ONE ACRE THEREFROM; AND APPROVING A REZONING OF SAID +/- ONE ACRE FROM CR- 5/PD(MULTI-FAMILY HOMES BY PLANNED DEVELOPMENT) TO CR- 3 (SINGLE FAMILY RESIDENCE),IN CASE PZ-1-10,FOR A 10.62 ACRE 'PROPERTY, LOCATED NEAR THE SOUTHWEST CORNER OF W.20 TH AVENUE AND S.IRONWOOD DRIVE,BY AMENDING ORDINANCE NO.1306;REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS,on August 21,2007, Ordinance No.1306 was passed and adopted by the Mayor and City Council,setting forth the development plan for Cornerstone Homes Foothills Subdivision; and WHEREAS,the change in market conditions and business plan support an amendment to the planned development to allow for a reduction of lots from the proposed single family subdivision and to allow the owner to sell one acre to the' Apache Junction Health Center; and WHEREAS,such a change in zonin4' Was requested in' Case No. PZ-1-10 in which the Owner proposed a reduCtibn;of:lot§ from 118 to 104,for the "Foothills Subdivision" and 'a Re.zbrii.nq from CR- 5/PD (Multifamily Homes)to CR-3 (Single Family Home)for a one acre piece of land in the Foothills Subdivision to be Sold to the Apache Junction Health"center for the expansion of a parking lot; and WHEREAS,on May 25,,2010,the Apache Junction Planning and Zoning Commission recommended approval of Case No PZ-1-10 in a-7 to 0 vote; and WHEREAS, the. Mayor and City Council finds that the proposed planned development major amendment and rezoning: 1) conforms to all of the applicable criteria as Apache Junction,Volume II.Development Code, ZoningZoning Ordinance,Article 19 District,Section 19.0109 General Criteria; ORDINANCE NO. 1363 PAGE 1 OF 3 specified in the City Code of Land Development Code,Chapter 1 Planned Development Zoning General Criteria;2)is in compliance , with the City of Apache Junction General Plan.;, 3) . integrates with the surrounding neighborhood;. 4)adequately ;accommodates traffic;5)will have adequate public -faciii-ties;and :6)will 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 That:1)the submitted planned development major amendment and rezoning be and hereby is approved;and 2)that Ordinance No. 1306 remains in full force and effect except as otherwise amended herein, subject to the following condition: 1. The applicant shall be required to comply with the submitted and referenced revised narrative of the Foothills Planned Development and revised site plan. 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 15TH DAY OF JUNE , 2010. SIGNED AND ATTESTED TO THIS 15TH ORDINANCE NO. 1363 PAGE 2 OF 3 DAY OF JUNE , 2010. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: d 6 1 0 .2 0 1 0 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1363 PAGE 3 OF 3