19428 5/27, 6/3/25 ORDINANCE NO. 969 AN ORDINANCE

19428 5/27, 6/3/25 ORDINANCE NO. 969 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF PAYSON, ARIZONA, AMENDING THE TOWN OF PAYSON ZONING MAP AND THE ZONING CODE BY REZONING APPROXIMATELY 7.66 ACRES OF REAL PROPERTY GENERALLY LOCATED AT 1500 E FRONTIER STREET, FROM RI-175 TO RI-90, TO ALLOW FOR A 5 LOT SUBDIVISION, AND PROVIDING PROP 207 NOTICE TO THE APPLICANT. WHEREAS, the Town of Payson from time to time amends its Official Zoning Map and Official Zoning Code for the purpose of accommodating zoning changes; and WHEREAS, Application P25-001 to amend the Official Zoning Map and Official Zoning Code has been submitted by Town staff to the Planning and Zoning Commission and the Town Council; and WHEREAS, the Town of Payson's Planning and Zoning Commission voted on April 7, 2025, to recommend approval of the Application, and forwarded such recommendation to the Town Council. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF PAYSON, ARIZONA, AS FOLLOWS: Section 1: The Town of Payson Zoning Map and Zoning Code are amended to establish a change of zoning for that real property generally located at 1500 E Frontier St, as more particularly described on Exhibit A herein, from RI-175 to RI-90. Section 2: The requested rezoning of the Property as proposed by Application P25-001 is consistent with the Town of Payson General Plan, as amended, as required by A.R.S. § 9- 462.01(F). Section 3. This rezoning is subject to the following conditions, the violation of which shall be treated in the same manner as a violation of Title XV of the Town of Payson Town Code (but which shall not cause a reversion of this rezoning), and which shall be binding on the property owners and their successors in interest: 1. The 'Mountain View' subdivision shall be created following the subdivision process described in Town Code, Chapter 154, Unified Development Code, prior to construction of any new homes on Shaded Area 'A' or Parcel 'C'. 2. Full width, off-site improvements to Frontier Street shall be constructed from the west line of Parcel 'C' to the east for a distance of 200 feet. This requirement is a condition of approval of the prior zone change P22-002. 3. Per § 154-07-002, Table C.1.1, the off-site improvements to Frontier Steet and the on site roadways shall comply with the column labelled "R1-18, R1-90". Development shall be in substantial conformance with the rezoning site plan Section 4: Notwithstanding Section 5 below, this Ordinance shall not become effective until the Town files with the Gila County Recorder an instrument (in a form acceptable to the Town Attorney), executed by the Property owner and any other party having any title interest in the Property, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12-1131, et seq., and specifically A.R.S. § 12-1134) as a result of the Town's adoption of this Ordinance. If this waiver instrument is not executed and provided to the Town for recording within 14 calendar days after this Ordinance is approved, this Ordinance shall be void and of no force and effect. Section 5. Pursuant to A.R.S. § 19-142 and Town Code § 30.54, this Ordinance, if not otherwise void pursuant to Section 4 above, shall not become operative until 30 days after its passage. PASSED AND ADOPTED BY THE MAYOR AND COMMON COUNCIL OF 2025, by the THE TOWN OF PAYSON, ARIZONA this 14h day of May by the following vote: AYES __7__ NOES __0_ABSTENTIONS ABSENT O Stephen Otto, Mayor ATTEST: Tracie Bailey, Town Clerk APPROVED AS TO FORM: Pierce Coleman, PLLC, Town Attorney