HomeMy WebLinkAboutORD1525 ORDINANCE NO. 1525
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 OF THE
APPROXIMATELY 7 .5 ACRES DESCRIBED IN REZONING CASE
P-21-95--PZ, A REQUEST BY BFH GROUP, LLC, FROM GENERAL
RURAL LOW DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL
("RS-GR") TO GENERAL COMMERCIAL BY PLANNED DEVELOPMENT
("B-1/PD") AND APPROVING A MINOR GENERAL PLAN AMENDMENT
CHANGING THE LAND USE DESIGNATION FROM MEDIUM DENSITY
RESIDENTIAL TO COMMERCIAL, FOR THE DEVELOPMENT OF A
PROPOSED TOWNHOME COMMUNITY TENTATIVELY KNOWN AS
"GOLDFIELD ESTATES"; ADOPTING BY REFERENCE THAT CERTAIN
DOCUMENT ENTITLED "LEGAL DESCRIPTIONS AND ZONING
CONDITIONS OF CASE NO. P-21-95-PZ AUTHORIZED UNDER
ORDINANCE NO. 1525" REPEALING ANY CONFLICTING
PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the BFH Group, LLC, represented by David Bohn,
submitted for a rezoning by planned development ("PD") to establish
a PD conceptual plan and approve the use of a 209-lot townhome
subdivision tentatively known as "Goldfield Estates" on the
properties described in this case P-21-95-PZ and in case P-21-94-
PZ, located at the northwest corner of S . Goldfield Road and the
US--60 Highway; 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 the rezoning by planned development case P-21-95-PZ,
and the minor general plan amendment to the same properties,
subject to the conditions prescribed therein; and
WHEREAS, the city council hereby determines that the proposed
PD rezoning request conforms to the Apache Junction General Plan,
and to all of 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
1-5-1, Residential Use Regulations and Article 1-4 : Zoning
Districts, Section 1-4-3, Planned Development ("PD") Overlay
District; and
WHEREAS, the properties are designated "Medium. Density
Residential" by the general plan and the requested rezoning by
ORDINANCE NO. 1525
PAGE 1 OF 3
planned development requires a minor general plan amendment to
designate the properties "Commercial;" and
WHEREAS, the city council hereby determines that the proposed
minor general plan amendment meets the amendment criteria
contained in the Apache Junction General Plan 2020-2050, Chapter
13: Amending the General Plan as identified through the findings
of fact; 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. § 9-462 .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 rezoning by planned development case P-21-95-PZ and
the accompanying minor general plan amendment, 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-21-95-PZ Authorized under
Ordinance No. 1525, " 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. 22-21 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.
ORDINANCE NO. 1525
PAGE 2 OF 3
SECTION TT T PROVTDING FOR SEVERABTLTTY:
If any section, subsection, sentence, phrase, clause or portion of
this ordinance is for any reason held to be invalid o r
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 AlD CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF Z 2022 .
SIGNED AND ATTESTED TO THIS 1-7_ DAY OF 2022 .
4AL t "CHIP" WILSON
Mayor
ATTEST:
t4 JENNIFER PJFA
City Clerk
APPROVED AS TO FORM:
ez --
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1525
PAGE 3 OF 3