HomeMy WebLinkAboutORD1567 ORDINANCE NO. 1567
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-24-114-PZ,
REQUESTED BY HERMELINDA PANDO OF HERMELINDA PROPERTIES,
LLC, FROM MEDIUM DENSITY SINGLE-FAMILY DETACHED
RESIDENTIAL ("RS-10M") TO HIGH DENSITY MUTIPLE-FAMILY
RESIDENTIAL BY PLANNED DEVELOPMENT ("RM-1/PD") AND
APPROVING A MINOR GENERAL PLAN AMENDMENT CHANGING THE
LAND USE DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL TO
HIGH DENSITY RESIDENTIAL; REPEALING ANY CONFLICTING
PROVISIONS; AND PROVIDING FOR SEVERABILITY .
WHEREAS, 282 N. Palo Verde Drive (Pinal County Assessor Parcel
Number 101-02-0050) is a legal non-conforming property (the
"Property") that was developed for multi-family residential use in
1950, but is currently zoned for single-family residential usage;
and
WHEREAS, the applicant seeks to correct the zoning non-
conformity so that the west building can be replaced with a new
four-plex; and
WHEREAS, the Property is designated "Medium Density
Residential" by the city' s general plan and the requested rezoning
by planned development requires a minor general plan amendment to
"High Density Residential"; and
WHEREAS, on August 26, 2025, the Apache Junction planning and
zoning commission recommended in a vote of 6: 0 to approve rezoning
case number P-24-114-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 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:
ORDINANCE NO. 1567
PAGE 1 OF 3
SECTION I IN GENERAL
The zoning district classification on the zoning district map for
the Property legally described as:
APN 101-02-0050
Lot 9, Block 1, Amended Plat of Newtown, according to the
plat of record in the office of the County Recorder of
Pinal County, Arizona, in Book 5 of Maps, page 23A;
be and hereby is amended from Medium Density Single-Family Detached
Residential ("RS-10M") to High Density Multiple-Family Residential
by Planned Development ("RM-1/PD") ; and the general plan land use
designation of the same property be and hereby is amended from
Medium Density Residential to High Density Residential subject to
the following conditions of approval :
1) The project shall be developed in accordance with the plans
approved and associated with case P-24-114-PZ and all
provisions of the zoning ordinance and city codes
applicable to this case .
2) An eight foot (8' ) tall opaque screen wall shall be
installed along the north, west and south property borders
as proposed in the P-24-114-PZ site plan .
3) All applicable permits shall be applied for and plans shall
be designed to current city code providions prior to
construction.
4 ) The minimum side setback shall be reduced to five feet (51 )
with the minimum rear setback being reduced to ten feet
(10' ) .
5) The existing duplexes shall also be kept in proper repair
and upkeep, and shall be painted to complement the new
building and refresh the appearance with the improvement of
the rest of the property.
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
ORDINANCE NO. 1567
PAGE 2 OF 3
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 ANp CITY COUNCIL` OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS —� DAY OF 0CTppf-V' , 2025 .
SIGNED AND ATTESTED TO THIS / DAY OF PC4491 er' , 2025 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
EVIE MCKINNEY
City Clerk
APPROVED AS TO FORM:
4" /a -3 -2
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1567
PAGE 3 OF 3