HomeMy WebLinkAboutORD1565 ORDINANCE NO. 1565
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-25-11-PZ, REQUEST
BY SUNDT CONSTRUCTION, INC. , REPRESENTED BY BRENNAN RAY
OF RAY LAW FIRM, FROM GENERAL RURAL LOW DENSITY SINGLE-
FAMILY DETACHED RESIDENTIAL ("RS-GR") TO INDUSTRIAL BY
PLANNED DEVELOPMENT ("B-5/PD") ; REPEALING ANY
CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the subject property is generally located near the
northwest corner of Cactus Road and Auto Center Drive in Section
33; and
WHEREAS, on June 24 , 2025, the Apache Junction planning and
zoning commission recommended in a vote of 5 : 0 to approve rezoning
case No. P-25-11-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 (J) .
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:
Parcel 1 (102-20-008C) : The West half of the Northwest quarter of
the Southeast quarter of Section 33, Township 1 North, Range 8 East
of the Gila and Salt River Base and Meridian, Pinal County, Arizona;
Except any portion, thereof, lying within the right-of-way of the
Superstition Freeway (U.S. Highway 60) ; and
ORDINANCE NO. 1565
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Except the West 60 feet, thereof, which was conveyed to the State
of Arizona in Warranty Deeds recorded November 28, 1988 in Docket
1569, Page 223 and Docket 1569, Page 225, records of Pinal County
Arizona.
Parcel 2 (102-20-008A) : The East half of the Northwest quarter of
the Southeast quarter of Section 33, Township 1 North, Range 8 East
of the Gila and Salt River Base and Meridian, Pinal County, Arizona;
Except any portion, thereof, lying within the right--of-way of the
Superstition Freeway (U.S. Highway 60) ; and
Except that portion which was conveyed to the City of Apache
Junction, an Arizona municipal corporation in Warranty Deed
recorded April 16, 2002, in Recording No. 2002-0019494, records of
Pinal County, Arizona, described as follows:
Beginning at the most Southeasterly corner of the parcel of land
described above;
Thence Westerly, along the South line of said parcel of land, 40.00
feet;
Thence Northerly and parallel to the East line of said parcel of
land, 623. 50 feet, more or less;
Thence Northwesterly, 25. 46 feet to a point which is 36. 50 feet
South of the South line of the North half of said parcel of land
and being 58 . 00 feet from the East line of said parcel of land;
Thence Northerly, 80.00 feet;
Thence Easterly, 18.00 feet to a point which is 40.00 feet East of
the East line of said parcel of land and being 43. 50 feet North of
the South line of the North half of said parcel of land;
Thence Southerly, 43. 50 feet to a point on the South line of the
North half of said parcel of land;
Thence Easterly, 40. 00 feet to the intersection of the South line
of the North half of said parcel of land and the East line of said
parcel of land;
ORDINANCE NO. 1565
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Thence Southerly, 660.00 feet, more or less to the point of
beginning.
be and hereby is amended from General Rural Low Density Single-
Family Detached Residential "RS-GR" to Industrial by Planned
Development "B-5/PD", subject to the following condition of
approval :
1) The development shall reflect substantial compliance and
consistency with the city' s zoning ordinance and the
planned development plans presented in case P-25-11-PZ,
incorporated by reference herein, and as otherwise
specified through these conditions of approval .
2) The maximum building height shall be 45' .
3) The building architecture of any future phases or expansion
shall be architecturally consistent with the presented
conceptual architecture approved in case P-25-11-PZ and the
associated site plan and design review case P-25-12-DR.
4 ) The north tree line along the US 60 Right-of-Way shall
consist of 36" box trees to provide greater buffering of
the site .
5) Appropriate dedications of public right-of-way shall be
made as required by the city engineer during the civil
review process of construction plans .
6) All applicable permits shall be applied for and plans shall
be designed to current city codes . Inclusively, all
applicable development fees, including public art fees,
shall be paid at the time of permit issuance.
7) Major deviations or proposed changes from the original
plans associated with this case will require a major
planned development amendment . The development services
director or their designee shall interpret the proposed
modification to be significant/major if, in the director or
designee' s opinion, the quality of project design is
diminished, the types of proposed land uses are
significantly altered and/or the overall character of the
project is contrary to the intent and spirit of the
original city council PD ordinance approval .
SECTION II REPEALING ANY CONFLICTING PROVISIONS
ORDINANCE NO. 1565
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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 1 2025 .
7
SIGNED AND ATTESTED TO THIS DAY OF /\ 202C.
WALTER "CHIP" WILSON
Mayor
ATTEST:
� ��- A
EVIE MCKINNEY
City Clerk
APPROVED AS TO FORM:
4 T.9.25
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1565
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