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HomeMy WebLinkAboutORD1516 7: OFFICIAL RECORDS OF INAL COUNTY RECORDER When recorded, please mail back to: Virginia Ross City of Apache Junction bATEfTIME: 10/11/2021 1331 c/o, Development Services Department FEE: $15.00 300 E. Superstition Boulevard PAGES: 7 Apache Junction, AZ 85119 FEE NUMBER: 2021-128622 City of Apache Junction Assignment of City Equivalent Zoning to Annexed Property (Case AN-1-20) Ordinance No . 1516 ORDINANCE NO. 1516 AN ORDINANCE OF' THE MAYOR AND CITY COUNCIL 07 THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNC-TION, ARIZONA, ASSIGNING AND ESTABLISHING CITY EQUIVALENCY ZONING TO STATE TRUST T AND PROPERTY LOCATED IN UNINCORPORA7ED PINAL COU14TY JURISDICTION RECENTLY ANNEXED PURSUANT TO ORDINANCE NO. 1515; CHANGING THE ZONING DISTRicT CLASSIFICATION FOR SAILD PROPERTY DESCRIBED 'IN ANNEXATION CASE AN-1-20, ORDINANCE NO. 1515, FROM PINAL COUNTY GENERAL RURAL (" R") ZONE TO CITY OF APACHE JUNCTION GENERAL RURAL LOW DENSITY SINGLE- FAMILY DETACHED RESIDENT T AL ("RS-GR") ZONE; REPEALING L ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES . WHEREAS, on October 5, 2021, the Apache Junction City Council approved annexation case AN-1-20, Ordinance No. 1515, effectively increasing and expanding the city' s corporate limits; and WHEREAS, (,.,ase AN-1-20, Ordinance No. 1515, a n n e a e d approximately 6, 600 acres of vacant state trust land, adjacent to the existing city limits and generally bounded by Elliot Avenue on the north, Frye Road/SR,24 alignment on the south, Meridian Drive on the west and the C.A. P. canal on the east-; and WHEREAS, the city has historically assigned city equivalent zoning to newly annexed property, assigning city zoning which is most similar or equivalent to the county zoning applicable to the property Prior to it being annexed; and WHEREAS, the mayor and council of the City of Apache Junction are desirous of assigning equivalent city zoning to the property annexed by Ordinance No. 1515, as depicted and described in attached Exhibit "A"; and WHEREAS, pursuant to A.R. S. Section 9-462 , 01 (J) , the council , before adopting any zoning ordinance or text amendment of general applicability, shal] consider the probable impact the proposed zoning ordinance or text ante ndment would have on the cost to construct housing for sale or rent; and ORDINANCE NO. 1516 PAGE I OF 4 WHEREAS, the city council has determined the adoption of this ordinance or text amendment will have no negative impact on the cost to construct housing for sale or rent as delineated under A.R.S. Section 9-462. 01 (J) . 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 parcel of land legally described as: Sections 17-20, 28-30, and portions of Sections 16, 21, 22, 27, and 31-34, Township 1 South, Range 8 East, Gila and Salt River Meridian, Pinal County, Arizona, BEGINNING at the Northwest corner of Section 18, Township 1 South, Range 8 East, THENCE East along the North line of Sections 18 and 17 to the Northeast corner of Section 17, also being the Northwest corner of Section 16, Township I South, Range 8 East, THENCE East along the North line of Section 16 to a point on the West line of the C.A. P. Canal, THENCE Southeasterly along the West line of the C.A.P. Canal through Sections 16, 21, 22, 27, and 34, Township 1 South, Range 8 East, to a point on the East-West mid-section line of Section 34, THENCE west along the East-West mid-section line of Sections 34, 33, 32, and 31 to the Southeast corner of Lot 4 in Section 31, Township I South, Range 8 East, THENCE North along the East line of Lots 4 and 3 to the Northeast corner of Lot 3 and a point on the North line of Section 31, Township 1 South, Range 8 East, THENCE West along the North line of Section 31 to the Northwest corner of Section 31, also being the Southwest corner of Section 30, THENCE North along the West line of Sections 30, 19, and 18, Township 1 South, Range 8 East, to the Northwest corner of Section 18, being the POINT OF BEGINNING; EXCEPT for the following described property: ORDINANCE NO. 1516 PAGE 2 OF 4 A portion of Government Lots 1, 2 and 3, and the North half of the Northeast quarter of Section 18, Township 1 South, Range 8 East, Gila and Salt River Meridian, Pinal County, Arizona, described as follows: BEGINNING at the Southeast corner of Section 12, Township 1 South, Range 7 East, from which the East quarter corner of said Section 12 bears N00039105"W, a distance of 2637 . 77 feet; THENCE N00039105"W, along the East line of said Section 12, a distance of 389. 15 feet to the Northwest corner of Section 18, Township 1 South, Range 8 East; THENCE N89045' 43"E, along the North line of the Northwest quarter of said Section 18, a distance of 3579. 88 feet to the North quarter corner of said Section 18; THENCE N89'45' 43"E, along the North line of the Northeast quarter of said Section 18, a distance of 1935. 46 feet; THENCE S00*39' 05"E, a distance of 404 . 31 feet; THENCE S89045143"W, and parallel to the North line of said Section 18, a distance of 4115. 02 feet; THENCE N89037105"W, a distance of 1400. 51 feet to the POINT OF BEGINNING (containing 50. 95 acres more or less) ; be and hereby is amended from Pinal County General Rural ("GR") zone to City of Apache Junction General Rural Low Density Single-family Detached Residential ("RS-GR") zone. 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, sub-section, 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. SECTION IV: PROVIDING FOR PENALTIES Unless noted otherwise, any violation of any provisions adopted herein, shall be punishable as civil or criminal violations consistent with Apache Junction City Code, Volume II, Chapter 1 : ORDINANCE NO. 1516 PAGE 3 OF 4 inr Ordinance, Artic'Le 1-1 Introduct2r PrcRvisions, Section 1-1-7 General Penaltv. PASSED AND ADOP117ED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS w. DAY OF 2021 . SIGNED AND ATTESTED TO THIS DAY OF 2021 . 7(Z4,11.t �11�fe L'_­'_­ _'_­_ WALTE; ",CHIP" WILSOIN Mayor ATTEST: PESA City Clerk APPROVED AS TO FORM: 9-25-2.1 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1516 PAGE 4 OF 4 ,a Apache Annexation wr w • 1 Exhibit A: Annexation Area vand ' # al Description '.., .-,<w s'Prt ..�,-... ,„.x,. ,w.Cx ,' S"k r -:at .s. .. ;, � � •. .-- .air. �._ .:y,r , V o- .Y.%"v"..;y"7e' � -, �."n.•.,.g�n 3__�_�»r a �, .c.... �-,t t^ _ ,s _,,.. v - .-- .s '�" vs- -,;. r _#.,_. -^s, f ♦_I r�� x _,. #i-sa „x:^S^ ♦ J ,+-.. fX ^-s � :} , c .....33 ,1Ij�ia*�{7j..`�:a.r.,5`'jd..±t'.F.'�}.t��.�amk",la''4"eG in�N`.�^V9/i,`�I;4"=�i�ti`,+y;-a,+:}°Y.�.*"..,•«wy',t't2"�--:--ua.k""�sr...*�„*c.°.:"rcwn-�I_"�.':`.t•„S+�-�aX��1i.�."r♦'2y-+�f�t�Lx x...�kc��.3,`F"s+°.'#„a tP�'.}'.,`.sy^'",{.r"ry,''�.�y---�.r..r?:".�,�f.ye.t'r�,".�r�..�-.t.i�<—fi.kaO.♦,a,.t-'�^�,°,'M.���`tF.te",};�t.rt+��`.E�a-?,._'�}-s."M";+.`e_�',.—:.si".^�',.?r�.,,.,'•sr':.,�ti,..,'..,.,=°P�...r�r#".5«-.•z.wu,1I.,,,x`.`��x:.�y.."�..'�b.��t:.E:.�,E :f.. ��y�f�s(���'...r�!..,e+.*:r.J♦Js...`.t�.�.!..€..�'�'.Ik'x�v.z e.wx.�XA".�",`�i,t,d"��fiI�r.��,le'''rir,�'E`aN SUT('»`��1+'�}f^s'*e .st•.a.C''f°'•-1�»��M,'+?-.��^.Vrw n-.,"�'��W.>�.x+E.�Kt'. xs�^.^-.¢�N"X„ss,�'i-�z":_.!r I�TO,�r}'e t�r.W'�-._�.�",'..•�,',+".-.,,,>,•e,:."�rz.+.„�X z,T'�1ft�,++I'.�y.�r,r 3.'_-j.7i N'A�r.;.'A",:�d..N,:ftz'Y t?.,,�r'.,y.:�A.,w.'ar'-��;m N<dRr:t'�zi���*�,aEF,a.vM1�,'Y C,�+*:+.r,A Aq,�r,/aR,I,�,�=�"n T�...',.^.YTM�:R.�:3_,��sa#f-,.5��.•Y z,�j�.x.4..._�-«` ��;"^-.y,.�`i...:}`,�t!}'t?'•-1,,�f-3...��'d��ro�N[.�c�am.:�a=�+.-.°.`.zr...j + a...�...r.R� rya Ap 71 x4 _7IN AP E JUVC 10N REzONNO PROM PINAL Crr I OtM.,+^ T#Y�.RtJsi� fi - �x•"....Gmm--_y..Rr. �w"n s T :4.O CITY OF APACHE JUNCTION "RS—GRr ' n i + VIA, R- r F A T!O i e OF r7Z,,3-1DR 7 ""4, R."'QUEE -4 .� �..iig �. CREEK `, .3d..�..'...�Ae�1:i s -.�'�:. .,. tv.,k,w'..xF...:ak::� »a..,.'�. ."'zu�„«n�:4s�r .s.Y n'�.,�z;�j • .€` x December 2020 `)r�` .n>�-^� '�" n. S f w�„. � }Psi-:' � �y�`i zk t s• a Mites CITY OF APACHE JUNCTION CASE AN-1-20: EXHIBIT A - LEGAL DESCRIPTION REZONING FROM PINAL COUNTY "GR" TO CITY OF APACHE JUNCTION "RS-GR" Sections 17-20, 28-30, and portions of Sections 16, 21, 22, 27, and 31-34, Township 1 South, Range 8 East, Gila and Salt River Meridian, Pinal County, Arizona, BEGINNING at the Northwest corner of Section 18, Township 1 South, Range 8 East, THENCE East along the North line of Sections 18 and 17 to the Northeast corner of Section 17, also being the Northwest corner of Section 16, Township 1 South, Range 8 East, THENCE East along the North line of Section 16 to a point on the West line of the C.A.P. Canal, THENCE Southeasterly along the West line of the C.A.P. Canal through Sections 16, 21, 22, 27, and 34, Township 1 South, Range 8 East, to a point on the East-West mid--section line of Section 34, THENCE west along the East-West mid-section line of Sections 34, 33, 32, and 31 to the Southeast corner of Lot 4 in Section 31, Township 1 South, Range 8 East, THENCE North along the East line of Lots 4 and 3 to the Northeast corner of Lot 3 and a point on the North line of Section 31, Township 1 South, Range 8 East, THENCE West along the North line of Section 31 to the Northwest corner of Section 31, also being the Southwest corner of Section 30, THENCE North along the West line of Sections 30, 19, and 18, Township 1 South, Range 8 East, to the Northwest corner of Section 18, being the POINT OF BEGINNING; EXCEPT for the following described property: A portion of Government Lots 1, 2 and 3, and the North half of the Northeast quarter of Section 18, Township 1 South, Range 8 East, Gila and Salt River Meridian, Pinal County, Arizona, described as follows : BEGINNING at the Southeast corner of Section 12, Township 1 South, Range 7 East, from which the East quarter corner of said Section 12 bears N00°39105"W, a distance of 2637 .77 feet; THENCE N00039105"W, along the East line of said Section 12, a distance of 389.15 feet to the Northwest corner of Section 18, Township 1 South, Range 8 East; THENCE N89045143"E, along the North line of the Northwest quarter of said Section 18, a distance of 3579.88 feet to the North quarter corner of said Section 18; THENCE N89045143"E, along the North line of the Northeast quarter of said Section 18, a distance of 1935.46 feet; THENCE 300039105"E, a distance of 404 .31 feet; THENCE S89°45143"W, and parallel to the North line of said Section 18, a distance of 4115.02 feet; THENCE N89037' 05"W, a distance of 1400.51 feet to the POINT OF BEGINNING (containing 50.95 acres more or less) .