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HomeMy WebLinkAboutORD1098ORDINANCE NO.1098 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 IN REZONING CASE PZ-99-09 FROM GR (GENERAL RURAL,CONVENTIONAL OR MANUFACTURED SINGLE-FAMILY HOMES ON 1.25 -ACRE GROSS MINIMUM LOTS) TO CR-3/MH (SINGLE FAMILY RESIDENCE ZONE,CONVENTIONAL OR MANUFACTURED SINGLE-FAMILY HOMES ON 20,000 SQUARE FEET GROSS MINIMUM LOTS);REPEALING ANY CONFLICTING PROVISIONS:AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT: SECTION I IN GENERAL The zoning district classification on the ZONING DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA,for the parcel of land described as: The West half of the West half of the North half of the Northeast quarter of the Northeast quarter of the Southwest quarter of Section 18,Township 1 North,Range 8 East,Gila and Salt River Base and Meridian,Apache Junction,Pinal County,Arizona. EXCEPT all oil,gas and other minerals as reserved in the Patent from the United States. be and hereby is amended from GR (General Rural,Conventional or Manufactured Single -Family Homes on 1.25 -acre gross minimum lots)to CR-3/MH (Single Family Residence Zone,Conventional or Manufactured Single -Family Homes on 20,000 square feet gross minimum lots),subject to the following stipulations: 1)Property owners must have obtained approval of a City of Apache Junction land split pursuant to Volume I I of the Apache Junction City Code,Land Development Code,Chapter 2,Subdivision Regulations,Article record the resulting deeds with the Pinal County Recorder:and complete installation or construction of a single-family residence on the new lot (lot B)of the site plan on file with the Planning Division of the Apache Junction Development Services Department in Case File No.PZ-99-09 all within 24 -months from the effective date of the City Council approval.If not,the zoning on the property may be subject to reversion to the original zoning classification by City Council ORDINANCE 1098 PAGE ONE OF THREE action,pursuant to the provisions of Arizona Revised Statutes Annotated (A.R.S)§9-462.01. 2)The North 33 feet of the subject property and the West 33 feet must be dedicated to the City,along with a triangular area having dimensions of 20 feet,20 feet,and 28.28 feet at the northwest inner right-of-way corner for the purpose of maintaining sight visibility and traffic safety. 3)All requirements of the proposed zoning district (CR-3/MH), including Development Fees and all other applicable regulations that apply to such property must be met. 4)The two existing sheds on the property,indicated as shed # 1 and shed # 2 on the site plan on file with the Planning Division of the Apache Junction Development Services Department in Case File No.P7-99-09,must be relocated,removed or replaced to comply with Section 6.0116,Accessory Buildings and Storage Sheds of the Apache Junction City Code.Volume II,Land Development Code. Chapter 1,Zoning Ordinance before the property owners submit for the City of Apache Junction land split. 5)All fencing,including the existing chain link fence located around the perimeter of the property,must comply with Section 6.0112,Exceptions for Walls and Fences of the Apache Junction City Code,Volume II,Land Development Code,Chapter 1,Zoning Ordinance.This includes,and is not limited to,the following: a.All fencing must not exceed a maximum height of four and one- half feet in the front yard; b.Fences,structures,vegetation,or other obstructions located in the triangular area at the northwest inner right-of-way corner,maintained for preserving sight visibility and traffic safety,must not exceed two feet in height.All fences and structures within this triangular area require approval of an encroachment permit by the Development Services Department. 6)The existing connected nonconforming -mobile homes on the property indicated on the site plan on file with the Planning Division of the Apache Junction Development Services Department in Case File No.PZ-99-09,must be removed within 120 -days following the sale of the southern portion of the property. ORDINANCE 1098 PAGE TWO OF THREE SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference 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 21STDAY OF SEPTEMBER ,1999. SIGNED AND ATTESTED TO THIS 5TH ATTEST: HLEEN CONNELLY City Clerk APPROVED AS TO FORM: 10-02 -99 RICHARD J.STERN City Attorney ORDINANCE NO.1098 PAGE THREE OF THREE DAY OF OCTOBER ,1999. DOUGLAS COLEMAN Mayor