HomeMy WebLinkAboutORD1574 ORDINANCE NO. 1574
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-25-59-PZ, A
REQUEST BY DIAMANTE HOMES, INC. , REPRESENTED BY BRENNAN
RAY OF RAY LAW FIRM, FROM HIGH DENSITY MULTIPLE-FAMILY
RESIDENTIAL BY PLANNED DEVELOPMENT ("RM-1/PD") , GENERAL
COMMERCIAL ("B-1"} , AND GENERAL RURAL LOW DENSITY
SINGLE-FAMILY DETACHED RESIDENTIAL ("RS-GR") TO HIGH
DENSITY MULTIPLE-FAMILY RESIDENTIAL BY PLANNED
DEVELOPMENT ("RM-2/PD") AND A MINOR GENERAL PLAN
AMENDMENT FROM COMMERCIAL TO HIGH DENSITY RESIDENTIAL;
REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR
SEVERABILITY .
WHEREAS, on March 24, 2026, the Apache Junction planning and
zoning commission recommended in a vote of 4 : 3 to approve rezoning
case No. P-25-59-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 (103-21-025F) : The North Half of the Northwest Quarter of
the Southeast Quarter of the Southwest Quarter of the Southeast
Quarter of Section 27, Township 1 North, Range 8 East of the Gila
and Salt River Base and Meridian, Pinal County, Arizona; Except
the West 33. 00 Feet deeded to the City of Apache Junction; and
ORDINANCE NO. 1565
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Parcel 2 (103-21-025G) : The South Half of the Northwest Quarter of
the Southeast Quarter of the Southwest Quarter of the Southeast
Quarter of Section 27, Township 1 North, Range 8 East of the Gila
and Salt River Base and Meridian, Pinal County, Arizona; Except
the West 33. 00 Feet deeded to the City of Apache Junction; and
Parcel 3 (103-21-025H) : The North Half of the Southwest Quarter of
the Southeast Quarter of the Southwest Quarter of the Southeast
Quarter of Section 27, Township 1 North, Range 8 East of the Gila
and Salt River Base and Meridian, Pinal County, Arizona; Except
the West 33.00 Feet deeded to the City of Apache Junction.
Parcel 4 (103-21-025E) : The South Half of the Southwest Quarter of
the Southeast Quarter of the Southwest Quarter of the Southeast
Quarter of Section 27, Township 1 North, Range 8 East of the Gila
and Salt River Base and Meridian, Pinal County, Arizona; Except
the West 33.00 Feet and the South 50.00 Feet deeded to the City of
Apache Junction.
Parcel 5 (103-21-026E) : That part of the North Half of the Northeast
Quarter of the Southeast Quarter of the Southwest Quarter of the
Southeast Quarter of Section 27, Township 1 North, Range 8 East of
the Gila and Salt River Base and Meridian, Pinal County, Arizona,
lying South of Highway 60, 70, 80 and 89;
Except the East 33 Feet Thereof; And excepting therefrom all coal,
oil, gas and other mineral deposits, as reserved in the Patent
recorded in Docket 210, Page 132 .
Parcel 6 (103-21-026G) : The South Half of the Northeast Quarter of
the Southeast Quarter of the Southwest Quarter of the Southeast
Quarter of Section 27, Township 1 North, Range 8 East of the Gila
And Salt River Base And Meridian, Pinal County, Arizona; Except
the East 33 Feet thereof; And excepting therefrom all coal, oil,
gas and other mineral deposits, as reserved in the patent recorded
in Docket 210, Page 132; and
Parcel 7 (103-21-026C) : The North Half of the Southeast Quarter of
the Southeast Quarter of the Southwest Quarter of the Southeast
Quarter of Section 27, Township 1 North, Range 8 East, of the Gila
and Salt River Base and Meridian, Pinal County, Arizona.
Except all coal and other mineral deposits as reserved by the
United States of America in the patent to said land.
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Parcel 8 (103-21-026F) : The South Half of the Southeast Quarter of
the Southeast Quarter of the Southwest Quarter of the Southeast
Quarter of Section 27, Township 1 North, Range 8 East of the Gila
and Salt River Base and Meridian, Pinal County, Arizona;
Except the East 33 Feet and the South 50 Feet thereof; And excepting
therefrom all coal, oil, gas and other mineral deposits, as
reserved in the patent recorded in Docket 210, Page 132.
be and hereby is amended from High Density Multiple-Family
Residential by Planned Development (`ARM-1/PD") , General Commercial
("S-1") , and General Rural Low Density Single-Family Detached
Residential ("RS-GR") to High Density Multiple-Family Residential
by Planned Development ("RM-2/PD") , and General Plan "Commercial"
land use designation of parcels 103-21-026E, 103-21-026G, 103-21-
026C, and 103-21-026F be amended to "High Density Residential",
subject to the following conditions 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-25-59-PZ,
incorporated by reference herein, and as otherwise
specified through these conditions of approval .
2) The minimum street width shall be narrowed to 26' .
3) The community shall not be age-restricted.
4) The properties shall be subdivided through the platting
process as proposed.
5) Appropriate dedications of public right-of-way shall be
made as required by the City Engineer, as noted:
1 . Dedicate 20-ft by 20-ft as public right-of-way corner
cutoffs at the intersections of Southern Ave & Acacia Rd
and Southern Avenue & Starr Road.
2 . Dedicate the east 33' of Parcel 103-21-026C, along Starr
Road as public right-of-way.
6) The developer' s engineer shall meet the civil engineering
improvement plans and document requirements, in accordance
with the city' s approved engineering standards that are in
effect at the time of plan submittal.
7) All common and amenity areas within the proposed
development, including perimeter walls and fences, and
interior and exterior common area landscaping, shall be
owned and maintained in good condition at all times by the
home owners association.
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8) Major deviations or proposed changes from the original
plans associated with this case will require a major
planned development amendment. The 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 .
9) Staff shall work with developers to ascertain the possible
change of the entrance/exit point from Acacia Road to Starr
Road.
SECTION II REPEALING ANY CONFLICTING PROVISIONS
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 OF7 THE CITY OF
APACHE JUNCTION, ARIZONA, THIS :1_S DAY OF 2026.
SIGNED AND ATTESTED TO THIS 0? DAY OF r► I 2026 .
WAI.TE "CHTP" W LSON
ATTEST: Mayor
EVIE MCKINNEY
City Clerk
APPROVED AS TO FORM:
,:!X 4-20 26
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1565
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