HomeMy WebLinkAboutORD1526 ORDINANCE NO. 1526
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APAC:HE JUNCTION, ARIZONA, APPROVING A REZONING AS
DESCRIBED IN CASE P-22-29--•PZ, AS REQUESTED BY ECOVISTA
DEVELOPMENT, LLC, REPRESENTED BY BERRY RIDDELL, LLC;
ADOPTING; BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED
"LEGAL DESCRIPTIONS AND ZONING CONDITIONS OF CASE NO. P-
22-29-PZ AUTHORIZED UNDER ORDINANCE NO. 1526" REPEALING
ANY CONFLICTING PROVISIONS; AND PROVIDING? FOR
SEVERABILITY.
WHEREAS, EcoVi.sta Development, LLC, represented by Elyse
Di_Martino of Barry Riddell, LLC, submitted for a rezoning to
approve the use of a 124-unit apartment development tentatively
known as "The Enclave on Rennick" on the properties described in
this case P-22-29-PZ; and
WHEREAS, on August 9, 2022, the Apache Junction Planning and
Zoning Commission held a public hearing and voted 5-1 to recommend
approval of rezoning case P-22-29-PZ, subject to the conditions
prescribed therein; and
WHEREAS, the city council hereby determines that the proposed
rezoning request conforms to the general criteria as specified in
Apache Junction Cites Code, Volume II, Land Develment Code,
Chapter la Zoning Ordinance, Article 1-5o Zoning Bulk and Lice
Regulations, Section 1-5-1, Residential Use Regulations and
Article 1-4 ® Zoning Districts; 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:
ORDINANCE NO. 1526
PACE 1 OF 2
SECTION I IN GENERAL
1 ® That the rezoning as recommended by the planning and zoning
commission for case P-22-29-PZ, 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-22-29-PZ Authorized under
Ordinance No. 1526, " 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® 22-33 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. R4S . § 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
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 20TH DAY OF SEPTEMBER, 2022 .
SIGNED AND ATTESTED TO THIS PD DAY OF �, 2022 .
WALTER "CH%'4ILJS0N
Mayor
ATTEST:
1 4
SaNIFER NA
C C
City ler
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1526
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