HomeMy WebLinkAboutORD1436ORDINANCE NO. 1436
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-9-16,A CITY-
INITIATED CORRECTIVE REZONING FOR A PROPERTY OWNED BY
ARISTEO AND MARBELLA TOVAR,FROM MEDIUM/HIGH DENSITY
SINGLE-FAMILY RESIDENTIAL, CONVENTIONAL OR MANUFACTURED
HOME PERMITTED ("RS -7M") TO GENERAL COMMERCIAL DISTRICT
BY PLANNED DEVELOPMENT ("B-1/PD");REPEALING ANY
CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS,the subject property has been developed as a
commercial property with a structure on it,since prior to the
city adopting its March 1985 Zoning Ordinance,pursuant to
Ordinance No. 350; and
WHEREAS, pursuant to case PZ-2-95, Ordinance No. 927, at the
request of previous owner Inus Holt, the property was rezoned from
Trailer Homesite ("TH")to Neighborhood Commercial/Convenience
District ("C-1"); and
WHEREAS, pursuant to case PZ-8-04, Ordinance No. 1207, at the
request of the previous property owner Boyce Jasper, the property
was conditionally rezoned from Neighborhood Commercial/Convenience
District ("C-1")to Neighborhood Commercial/Convenience District
by Planned Development ("C-1/PD"), to allow for an expansion of
the commercial development; and
WHEREAS, pursuant to case PZ-5-05, Ordinance No. 1232, at the
request of the previous property owner Boyce Jasper, the planned
development was amended to repeal Ordinance No.1207 and revise
the pallet of commercial uses permitted on the property; and
WHEREAS, on May 6, 2014, pursuant to Ordinance No. 1402, the
City adopted a new zoning ordinance and zoning district maps; and
ORDINANCE NO. 1436
Page 1 of 4
WHEREAS, said new zoning district maps inadvertently rezoned
the subject property from a commercial planned development zoning
district to a single-family residential zoning district; and
WHEREAS, on August 16, 2016, the Apache Junction City Council
directed staff to initiate a corrective rezoning for the property
from "RS -7M" to "B-1/PD"; and
WHEREAS,on September 13,2016,the Planning and Zoning
Commission, after public hearing, voted to recommend approval of
rezoning case PZ-9-16 by a vote of 6 to 0; and
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 1-5-3,B-1
Non -Residential Use Regulations,and Section 1-4-3,Planned
Development ("PD")District and the conditions of Ordinance No.
1232.
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:
That part of the West half of the Northwest quarter of
the Northwest quarter of the Northwest quarter of
Section 30, Township 1 North, Range 8 East of the Gila
and Salt River Base and Meridian, Pinal County, Arizona,
more particularly described as follows: Beginning at the
Southwest corner of said West half of the Northwest
quarter of the Northwest quarter of the Northwest
quarter,the true point of beginning:thence due east
144 feet;thence North 130 feet;thence due West 144
feet;thence due South 130 feet to the point of
beginning; Except the west 50 feet thereof; Except all
ORDINANCE NO. 1436
Page 2 of 4
beginning; Except the west 50 feet thereof; Except all
oil and mineral rights as reserved in Deed recorded in
Docket 247,Page 552,Official Records.(Pinal County
Assessor parcel 102-33-020);
be and hereby is amended from Medium/High Density Single -Family
Residential, Conventional or Manufactured Home Permitted ("RS -7M")
to General Commercial District by Planned Development ("B-1/
PD"), subject to the following conditions of approval:
1)All applicable conditions of Ordinance No. 1232 are still in
full force and effect.
2) Any dead or overgrown plants must be replaced and the approved
landscape plan from PZ-5-05 must be met within a period not
exceeding 60 days or by Monday November 14th, 2016.
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
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 AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS aarit DAY OF.crprisot6 ade.,2016.
SIGNED AND ATTESTED TO THIS a d dr441-DAY OF .6000.07110WW2016.
ORDINANCE NO. 1436
Page 3 of 4
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
P•20 • le
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1436
Page 4 of 4