HomeMy WebLinkAboutORD1536 ORDINANCE NO. 1536
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, APPROVING A REZONING BY
PLANNED DEVELOPMENT AS DESCRIBED IN CASE P-22-130-PZ, AS
REQUESTED BY JOHN FOX OF WILLIAM SEYMOUR CO. , INC. ;
ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED
"LEGAL DESCRIPTIONS AND ZONING CONDITIONS OF CASE NO. P-
22-130-PZ AUTHORIZED UNDER ORDINANCE NO. 1536";
REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR
SEVERABILITY.
WHEREAS, John Fox of William Seymour Co. , Inc. submitted a
rezoning request by planned development approving the use of a 16-
unit two-story duplex community on the property described in case
P-22-130-PZ; and
WHEREAS, on June 27, 2023, the Apache Junction Planning and
Zoning Commission held a public hearing and voted 6: 0 to recommend
approval of rezoning case P-22-130-PZ, subject to the conditions
prescribed therein; and
WHEREAS, the city council hereby determines that the proposed
rezoning by planned development request conforms to all of the
general criteria as specified in Apache Junction City Code, Volume
II, Land Development Code, Chapter 1 : Zoning Ordinance, Article
1-4 : Zoning Districts, Section 1-4-3, Planned Development ("PD")
Overlay District, and Article 1-5 : Zoning Bulk and Use Regulations
(except as otherwise conditioned herein) ; and
WHEREAS, the city council has determined the adoption of this
ordinance 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) ;
and
WHEREAS, A. R. S. § 9-802 permits municipalities to enact the
provisions of a code or public record theretofore in existence
without setting forth such provisions in full text as long as the
adopting ordinance is published in full text and at least one paper
copy of the code changes or public record are filed in the office
of the clerk of the municipality and an electronic copy is
accessible on the city' s website and made available for public
inspection.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
ORDINANCE NO. 1536
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SECTION I IN GENERAL
1 . That the rezoning as recommended by the planning and zoning
commission for case P-22-130-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-22-130-PZ authorized under
Ordinance No. 1536", 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. 23-18 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
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 1ST DAY OF AUGUST, 2023 .
SIGNED AND ATTESTED TO THIS �_ DAY OF , 2023 .
WALTER `CHIP" ILSON
Mayor
ATTEST:
JENN ER PE
City Clerk
APPROVED AS TO FORM:
& 'l 510 22
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1536
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