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HomeMy WebLinkAboutORD1417ORDINANCE NO. 1417 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-1-15, A CITY- INITIATED CORRECTIVE REZONING FOR APACHE JUNCTION MOBILE HOME PARK, OWNED BY ARIZONA BONANZA LLC, FROM RECREATIONAL VEHICLE PARK ("RVP") TO MANUFACTURED HOME PARK ("MHP"); REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Apache Junction Mobile Home Park ("property") has been used as a manufactured homes rental space park since prior to City incorporation and the City adopting its March 1985 Zoning Ordinance (pursuant to Ordinance No. 350); and WHEREAS, under the city's previous zoning ordinance and zoning districts maps, the property had been zoned General Business Zone ("CB -2") since incorporation and the CB -2 zone had included "trailer court" among the permitted uses; and WHEREAS, on May 6, 2014, pursuant to Ordinance No. 1402, the City adopted a new zoning ordinance and zoning district map; and WHEREAS, said new zoning district map inadvertently rezoned the subject property from general business to RVP, instead of the more correct zoning district of MHP (because the majority of homes in the park are manufactured homes); and WHEREAS, on March 18, 2015, the Planning and Zoning Commission directed staff to initiate a corrective rezoning for the property from RVP to MHP; and WHEREAS, on May 12, 2015, the Planning and Zoning Commission voted to recommend approval of rezoning case PZ-1-15 by a vote of 3-1, subject to the condition recommended by Planning Staff; and ORDINANCE NO. 1417 PAGE 1 OF 3 WHEREAS, the City Council hereby determines that the proposed rezoning conforms to or will conform to all of the general criteria as specified in the Apache Junction City Code, Volume II,Land Development Code,Chapter 1,Zoning Ordinance, Section 1-9-3,Standards for Manufactured Home Parks and/or Recreational Vehicle Parks. 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: Pinal County Assessor parcel 101-11-008; 17.5 acres generally located in the Southwest quarter of the Northeast of Section 20, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (a complete metes and bounds legal description of the property is available for viewing at the City of Apache Junction, Development Services Department); be and hereby is amended from Recreational Vehicle Park ("RVP") to Manufactured Home Park ("MHP"), subject to the following condition of approval: 1) The Apache Junction Mobile Home Park shall be operated pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Section 1-9- 3, Standards for Manufactured Home Parks and/or Recreational Vehicle Parks. 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, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by ORDINANCE NO. 1417 PAGE 2 OF 3 reference, is for any reason held to be invalid or unconstitu- tional 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 COUNCII1 OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS /47-7,4 DAY OF.A.hir , 2015. SIGNED AND ATTESTED TO THIS i t -T/4 DAY OF ',)10,4/6 , 2015. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: c ‘5 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1417 PAGE 3 OF 3