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HomeMy WebLinkAboutORD1532 ORDINANCE NO. 1532 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 PROPERTY DESCRIBED IN REZONING CASE P-22-93-PZ, A PROPOSED REZONING FROM GENERAL COMMERCIAL ("B-1") AND INDUSTRIAL BY PLANNED DEVELOPMENT (1AB-5/PD") TO GENERAL COMMERCIAL BY PLANNED DEVELOPMENT ("B-1/PD") ; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the properties legally described below are currently designated "Commercial" and "Industrial" and the surrounding neighborhood is designated "Commercial", "Industrial", and "Residential" under the City' s general plan; and WHEREAS, the proposed rezoning does not conflict with the surrounding general plan designations found in the immediate neighborhood; and WHEREAS, on December 13, 2022, the Apache Junction Planning and Zoning Commission recommended in a vote of 7 : 0 to approve the rezoning case NO. P-22-93-PZ to City Council; 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 (1) . 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 for the parcel of land legally described as: ORDINANCE NO. 1532 PAGE 1 OF 3 LOTS 376, 377,. 378, 379, 380, 381, 382, 383, 384, 385, AND 386 OF SUPERSTITION VILLA IN BK 12 OF MAPS PG 39 IN SEC 29- 01N-08E, 45394 SQ FT, 1 . 04 AC; SUPERSTITION VILLA LOTS 387 & 388; SUPERSTITION VILLA LOT 389; SUPERSTITION VILLA LOTS 390 & 391 be and hereby is amended from General Commercial ("B-1") and Industrial by Planned Development ("B-5/PD") to General Commercial by Planned Development ("B-1/PD") , subject to the following conditions of approval: 1) The property shall be developed in accordance with the plans associated with the case on file with the Development Services Department as well as all applicable City Zoning Ordinances and other City codes . 2) Future development or expansions of the lot and/or existing buildings will trigger the need for a five-foot (5' ) wide landscape strip along Coconino Drive and Southern Avenue. 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 �2br- r , 2023. SIGNED AND ATTESTED TO THIS / DAY OF r , 2023. WALTER "CHIP" WILSON Mayor ORDINANCE NO. 1532 PAGE 2 OF 3 ATTEST: J FER PE A City Clerk APPROVED AS TO FORM: itns RICHARD JOEL STERN City Attorney ORDINANCE NO. 1532 PAGE 3 OF 3