HomeMy WebLinkAboutORD1524 ORDINANCE NO. 1524
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, APPROVING A PLANNNED
DEVELOPMENT MAJOR AMENDMENT TO AMEND ORDINANCE NO. 1132
TO MODIFY THE CONCEPTUAL PLAN PREVIOUSLY APPROVED IN
CASE PZ-0,3-00 AND ESTABLISH A NEW PLANNED DEVELOPMENT
PLAN FOR A TOWNHOME SUBDIVISION TENTATIVELY KNOWN AS
"GOLDFIELD ESTATES, " AS DESCRIBED IN CASE P-21-94-PZ, AS
REQUESTED BY BFG GROUP, LLC; ADOPTING BY REFERENCE THAT
CERTAIN DOCUMENT ENTITLED "LEGAL DESCRIPTIONS AND ZONING
CONDITIONS OF CASE NO. P-21-94-PZ AUTHORIZED UNDER
ORDINANCE NO, 1524 FOR THE PLANNED DEVELOPMENT MAJOR
AMENDMENT OF ORDINANCE NO. 1132" REPEALING ANY
CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, on June 20, 2000, the Mayor and City Council approved
Ordinance No. 1132 to rezone the four parcels identified in case
PZ-03-00, located directly west of S. Goldfield Road and north of
the US-60 Highway, from GR (General Rural) to C-31PD (General
Commercial by Planned Development) for the purpose of
consolidating and developing the four parcels into a commercial
shopping and service area; and
WHEREAS, the approved conceptual plan has remained
undeveloped and the parcels have remained vacant and
underutilized; and
WHEREAS, the BFH Group, LLC, represented by David Bohn,
submitted for a planned development ("PD") major amendment to amend
Ordinance No. 1132 to modify the PD conceptual plan previously
approved and establish a new PD plan to approve the .use of a 209-
lot townhome subdivision tentatively known as "Goldfield Estates"
on the properties described in this case P-21--94-PZ and in case
P-21-95-PZ; and
WHEREAS, on April 26, 2022, the Apache Junction Planning and
Zoning Commission held a public hearing and voted 7-0 to .recommend
approval of planned development amendment case P-21-94-PZ, subject
to the conditions prescribed therein; and
WHEREAS, the city council hereby determines that the proposed
PD amendment request conforms to the Apache Junction General Plan,
and to all the general criteria as specified in Apache Junction
City Code, Volume II, Land Development Code, Chapter 1: Zoning
Ordinance, Article 1-5: Zoning Bulk and Use Regulations, Section
ORDINANCE NO. 1524
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1-5-1, Residential Use Regulations and Article 1-4 : Zoning
Districts, Section 1-4-3, Planned Development ("PD") overlay
District; and
WHEREAS, pursuant to A.R.S . § 9-462 .01 (J) , the city council,
before adopting any zoning ordinance or text amendment of general
applicability, shall consider the probable impact the proposed
zoning ordinance or text amendment would have on the cost to
construct housing for sale or rent; and
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. § 9-4 62 .01 (J) .
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
1. That the planned development major amendment for Ordinance
No. 1132 in case P-21-94-PZ, as recommended by the planning
and zoning commission, is approved with conditions
incorporated by reference in number 2 below.
2 . That certain document entitled "Legal Descriptions and
Zoning Conditions of Case No. P-21-94-PZ Authorized under
Ordinance No. 1524 for the Planned Development Major
Amendment of Ordinance No. 1132, " one paper copy and one
electronic copy which are accessible on the city' s website
and filed in the office of the city clerk, which document
was made a public record by Resolution No. 22-20 of the
City of Apache Junction, is hereby referred to, adopted and
made a part hereof as if fully set out in this ordinance,
pursuant to A.R.S. § 9-802.
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 is for any reason held to be invalid or
ORDINANCE NO. 1524
PAGE 2 OF 3
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 2022 .
SIGNED AND ATTESTED rO THIS DAY O ' 2022 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNI2 P—E—N
City' C erk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
ORDINANCE NO, 1524
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