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HomeMy WebLinkAboutORD1495ORDINANCE NO. 1495 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 PROPERTIES DESCRIBED IN REZONING CASE PZ-7-20, A CITY- INITIATED REZONING OF 151 AND 183 N.PALO VERDE DRIVE, FROM MEDIUM DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL ("RS -10M")TO HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL("RM-2");REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS,the City of Apache Junction (the "City")was incorporated in November of 1978 and the zoning that was applied to the parcels at 151 and 183 N.Palo Verde Drive at that time was ("CR-5"); and WHEREAS,on May 6,2014,pursuant to Ordinance No.1402, the City adopted a new zoning ordinance and zoning district maps,and the subject properties were inadvertently given a new zoning designation of Medium Density Single -Family Detached Residential ("RS -10M"); and WHEREAS,the incorrect zoning was brought to the attention of staff when the current property owners inquired about the zoning of their property; and WHEREAS,on April 14,2020,the planning and zoning commission gave direction to planning staff to proceed with a city -initiated rezoning for the subject properties; and WHEREAS,on August 11,2020,the planning and zoning commission unanimously recommended approval of rezoning case PZ- 7-20 to the city council. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL 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 parcels of land legally described as: ORDINANCE NO. 1495 PAGE 1 OF 3 Parcel 1: The South 64.67 feet of the West half of Lot 4,Block 2,of AMENDED PLAT OF NEWTOWN,according to the plat of record in the Office of the County Recorder of Pinal County, Arizona,recorded in Book 5 of Maps, Page 23A (also known as parcel 101-02-1170); EXCEPT the West 2.5 feet thereof; Parcel 2: The West half of Lot 4, Block 2, of NEWTOWN AMENDED SUBDIVISION, according to the plat of record in the office of the County Recorder of Pinal County, Arizona, in Book 5 of Maps, Page 23-A; EXCEPT the South 64.67 feet thereof; and EXCEPT the West 2.5 feet thereof; and The South 32.67 feet of the West half of Lot 5,Block 2,of NEWTOWN AMENDED SUBDIVISION,according to the plat of record in the office of the County Recorder of Pinal County,Arizona,in Book 5 of Maps, Page 23-A; EXCEPT the West 2.5 feet thereof (also known as parcel 101-02- 116C); be and hereby is amended from Medium Density Single -Family Detached Residential ("RS -10M")to High Density Multiple Family Residential("RM-2"). 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 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 /DAY OF , 2020. ORDINANCE NO. 1495 PAGE 2 OF 3 SIGNED AND ATTESTED TO THIS ATTEST: de/w A t /11.04 E NIFER ENA tv Cle k EUNIFEMPENA ty Clek APPROVED AS TO FORM: 0.1.2o RICHARD JOEL STERN City Attorney ORDINANCE NO. 1495 PAGE 3 OF 3 DAY OF JEFUVERDY Mayor , 2020.