HomeMy WebLinkAboutORD1432ORDINANCE NO. 1432
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-8-16,A CITY-
INITIATED CORRECTIVE REZONING ON BEHALF OF RONALD J.
DWYER,FROM MEDIUM DENSITY SINGLE-FAMILY DETACHED
RESIDENTIAL,CONVENTIONAL OR MANUFACTURED HOME
PERMITTED ("RS -10M")TO GENERAL COMMERCIAL ZONE ("B-
1");REPEALING ANY CONFLICTING PROVISIONS;AND
PROVIDING FOR SEVERABILITY.
WHEREAS, the subject site has been mostly undeveloped since
the adoption of the city's 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 Local
Business Zone ("CB -1"); and
WHEREAS,in late 2012 the property was partially developed
with a water and ice dispensing kiosk business, as allowed under
the previous CB -1 zone regulations; and
WHEREAS,on May 6,2014,pursuant to Ordinance No.1402,
the City adopted a new zoning ordinance and zoning districts
maps, which inadvertently rezoned the property to RS -10M instead
of B-1 (the city's current equivalent to the old CB -1 zoning
district); and
WHEREAS, on June 21, 2016, the Apache Junction City Council
directed staff to initiate a corrective rezoning for the
property from "RS -10M" to "B-1"; and
WHEREAS,on August 9,2016,the Planning and Zoning
Commission,after public hearing,voted to recommended approval
of rezoning case PZ-8-16 by a vote of 5 to 0; and
ORDINANCE NO. 1432
Page 1 of 3
WHEREAS,the Mayor and City Council find that the proposed
rezoning:1)conforms to all of the applicable criteria as
specified in the Apache Junction City Code,Volume II,Land
Development Code,Chapter 1,Zoning Ordinance,Section 1-5-3,
Non -Residential Use Regulations.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
The zoning district classification on the Zoning District Map,
City of Apache Junction, Arizona,for the parcel of land legally
described as:
Lot 11 of Wilson Addition Subdivision,according to
the plat of record in the Office of the County
Recorder of Pinal County, Arizona,recorded in Book 8
of Maps, Page 30; Except for a 20' x 20' cutoff corner
located at the southeast corner thereof (also known as
Pinal County Assessor parcel number 101-07-032).
be and hereby is amended from Medium Density Single -Family
Detached Residential,Conventional or Manufactured Home
Permitted ("RS -10M") to General Commercial Zone ("B-1"), subject
to the following condition:
1)At such time as the lot is further developed and/or
redeveloped with permanent buildings, it shall be developed
pursuant to the Apache Junction City Code,Volume II,Land
Development Code,Chapter 1,Zoning Ordinance,Section 1-5-
3,Non -Residential Use Regulations,with uses permitted in
the B-1 General Commercial Zoning District and other
applicable commercial development requirements.
SECTION II REPEALING ANY CONFLICTING ORDINANCES
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the codes adopted
herein by reference are hereby repealed.
ORDINANCE NO. 1432
Page 2 of 3
SECTION III PROVIDING FOR SEVERABILITY
If any section,subsection,
of this ordinance or any
adopted herein by reference
or unconstitutional by the
jurisdiction, such decision
remaining portions thereof.
sentence, phrase,clause or portion
part of the codes or regulations
is for any reason held to be invalid
decision of any court of competent
shall not affect the validity of the
PASSED AND ADOPTED BY THE MAYOR ANp_IITY COUNCIL ADF THE CITY OF
APACHE JUNCTION, ARIZONA,THIS /do'DAY OF n U6
2016.
SIGNEDSIGNED AND ATTESTED TO THIS
2016.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
seS-i Si ti$1.6
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1432
Page 3 of 3
/DAY OF 406057--