HomeMy WebLinkAboutORD1433ORDINANCE NO. 1433
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-7-16,A CITY-
INITIATED REZONING ON BEHALF OF DENISE VENEKLASEN, FROM
MEDIUM DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL,
CONVENTIONAL OR MANUFACTURED HOME PERMITTED ("RS -20M")
TO LOW DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL,
CONVENTIONAL OR MANUFACTURED HOME PERMITTED ("RS -54M");
REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR
SEVERABILITY.
WHEREAS, the subject site was undeveloped during 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 Low Density
Single -Family Residential,Conventional or Manufactured Homes
Permitted ("R1-43/MH"); and
WHEREAS,in 1988 the property was developed with a
manufactured home; and
WHEREAS, on May 6, 2014, pursuant to Ordinance No. 1402,
the City adopted a new zoning ordinance and zoning district
map,which inadvertently rezoned the property "RS -20M"
instead of "RS -54M" (the city's current equivalent to the old
R1-43/MH 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 -20M" to "RS -54M"; and
WHEREAS,on August 9,2016,the Planning and Zoning
Commission, after public hearing, voted to recommend approval of
rezoning case PZ-7-16 by a vote of 5 to 0; and
ORDINANCE NO. 1433
Page 1 of 3
WHEREAS, the Mayor and City Council finds 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 1-5-1,
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:
The east half of the southwest quarter of the southeast
quarter of the northwest quarter of the northeast
quarter and the west half of the southeast quarter of
the southeast quarter of the northwest quarter of the
northeast quarter of Section 21, Township 1 North, Range
8 East of the Gila and Salt River Base and Meridian,
Pinal County, Arizona; EXCEPT the south 33 feet thereof
(also known as Pinal County Assessor parcel number 101-
18-015B);
be and hereby amended from Medium Density Single -Family Detached
Residential,Conventional or Manufactured Home Permitted ("RS-
20M")to Low Density Single -Family Detached Residential,
Conventional or Manufactured Home Permitted ("RS -54M"), subject to
the following condition:
1) At such time as the lot is further developed,and/or
redeveloped,it shall be developed pursuant to the Apache
Junction City Code,Volume II,Land Development Code,Chapter
1 Zoning Ordinance,Section 1-5-1 Residential Use Regulations
for uses permitted in the RS -54M Low Density Single Family
Zoning District.
SECTION II REPEALING ANY CONFLICTING ORDINANCES
ORDINANCE NO. 1433
Page 2 of 3
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.
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion of
this ordinance or any part of the codes or regulations 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 CIITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,THIS /VW DAY OF
2016.
SIGNED AND ATTESTED TO THIS
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1433
Page 3 of 3
DAY OF s -r , 2016.