ORDINANCE NO. O2007-03
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF CAVE CREEK, MARICOPA COUNTY, ARIZONA, AMENDING THE ZONING CLASSIFICATIONS OF CERTAIN STATE TRUST LANDS LOCATED WITHIN THE BOUNDARIES OF THE TOWN OF CAVE CREEK AND AMENDING THE TOWN OF CAVE CREEK ZONING MAP TO REFLECT THE APPROVED ZONING CLASSIFICATION CHANGES
NOW, THEREFORE, be it ordained by the Mayor and Common Council of the Town of Cave Creek, Arizona, as follows:
Section 1. That this proposed amendment to the Zoning Map has been processed in accordance with Chapter 3 – Zoning Procedures, Section 3.4 – Zoning Text Amendment and Zoning Map Changes of the Town of Cave Creek Zoning Ordinance.
Section 2. That this proposed amendment to the Zoning Map was Noticed for Public Hearing pursuant to Chapter 3 – Zoning Procedures, Section 3.1 – Notification for Public Hearings, Subsection B – Notification Procedures of the Town of Cave Creek Zoning Ordinance.
Section 3. That this proposed amendment to the Zoning Map was processed according to Chapter 3 – Zoning Procedures, Section 3.4 – Zoning Text Amendment and Zoning Map Changes, Subsection I – Citizens Review Process.
Section 4. That this proposed amendment to the Zoning Map, as required by Arizona Revised Statue §9-462.01 F, is in compliance with the Town of Cave Creek General Plan – 2005 Land Use Element and Land Use Map as ratified by the citizens of the community on the May 17th, 2005 election.
Section 5. That the Town of Cave Creek Zoning Map (EXHIBIT 1) is hereby amended by the following:
That the Southwest ¼ of the Northwest ¼ of Section 1, T5N – R3E and the South ½ of the Northeast ¼ of Section 2, T5N – R3E are rezoned from DR-190 (Desert Rural, 190,000 sq. ft. minimum lot size) to DR-70 (Desert Rural, 70,000 sq. ft. minimum lot size)
and
That the North ½ of the Northwest ¼ of the Southwest ¼ of Section 1,
T5N – R3E and the North ½ of the southeast ¼ of Section 2, T5N – R3E and the Northwest ½ of the Southwest ¼ of the Southeast ¼ Section 2, T5N – R3E and the are rezoned from DR-43 (Desert Rural, 43,000 sq. ft. minimum lot size) to CB (Commercial Buffer).
and
That the Southwest ¼ of the Southwest ¼ of Section 1, T5N – R3E and that the South ½ of the Northwest ¼ of the Southwest ¼ of Section 1, T5N – R3E and the Southeast ¼ of the Southeast ¼ of Section 2, T5N – R3E and the Southeast ½ of the Southwest ¼ of the Southeast ¼ of Section 2, T5N – R3E are rezoned from DR-43 (Desert Rural, 43,000 sq. ft. minimum lot size) to GC (General Commercial).
Section 6. If any section, subsection, sentence, clause, phrase 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 Common Council of the Town of Cave Creek, this 20th day of February, 2007.
____________________ Vincent Francia, Mayor
ATTESTED: APPROVED AS TO FORM:
_______________________ ____________________
Carrie Dyrek, Town Clerk Town Attorney
EXHIBIT 1