HomeMy WebLinkAboutORD1394ORDINANCE NO. 1394
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 PZ-5-13, A REZONING REQUEST BY HUDD AND
EILEEN HASSELL, REPRESENTED BY EDMIR DZUDZA, FROM TRAILER
HOMESITES (TH) TO CONVENTIONAL SINGLE-FAMILY RESIDENCE ZONE
BY PLANNED DEVELOPMENT (CR-3/PD); REPEALING ANY CONFLICTING
PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the subject site is a lot of record in an older
part of the City which has mostly been shaped through a series
of individual land splits; and
WHEREAS, until recently the subject site was developed with
a mobile or manufactured home and a couple of detached accessory
buildings which were noncompliant with TH zone setback
requirements; and
WHEREAS, it is the applicants' desire to improve the
property by removing the old structures, rezoning it for
conventional homes, splitting it into two equal size lots
pursuant to Land Split Case No. LSM-2-13, and developing said
new lots with new conventionally -constructed single-family
homes; and
WHEREAS, street improvements on W. 16th Avenue adjacent to
the property and in the immediate neighborhood are in the
process of being completed; and in neighborhoods which are
served by adequately improved public streets, the city's Zoning
Ordinance provides the opportunity for the creation of smaller
lot sizes; and
WHEREAS, on August 27, 2013, the Apache Junction Planning
and Zoning Commission voted to recommend approval of rezoning
case PZ-5-13 by a vote of 7-0, subject to certain conditions for
the future development of the property; and
WHEREAS, the City Council hereby determines that the
proposed Planned Development Plan conforms to all of the general
criteria as specified in Section 1-15-6 CR-3 Conventional
ORDINANCE NO. 1394
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Single -Family Residence Zone and Section 1-19-9 General Criteria
of the Planned Development Zoning District regulations of the
City of Apache Junction Zoning Ordinance (except as otherwise
conditioned herein), including compliance with the General Plan,
integration with the surrounding neighborhood, adequate traffic
accommodation, adequate public facilities, extension of
infrastructure, and that the design and uses should result in
enhancements to the social, built, and natural environments in
the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
That the zoning district classification on the Zoning District
Map, City of Apache Junction, Arizona, for the parcel of land
legally described as:
The West 100 feet of the South 159.06 feet of the East
Half of the East Half of the Southwest Quarter of the
Northwest Quarter of Section 30, Township 1 North,
Range 8 East of the Gila and Salt River Base and
Meridian, Pinal County, Arizona (also known as Pinal
County Assessor's Parcel No. 102-34-072);
be and hereby is amended from Trailer Homesites Zone (TH) to
Conventional Single -Family Residence Zone by Planned Development
(CR-3/PD), subject to the following conditions of approval:
1)Street improvements for 16 t h Avenue along the property's
south 40 feet shall be completed as scheduled, but shall
include two new driveways for the proposed lots and
sewer hook-up connections as appropriate.
2)The proposed homes shall include southwest architectural
features insofar as desert tone colors and materials;
shall offer ground mounted air conditioning units; and
shall be designed with two -car enclosed garages and
architectural treatments on all four sides of the
buildings so as to preclude flat or blank facades,
including pop -outs and roof line and color variations to
add visual interest.
ORDINANCE NO. 1394
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3)The homes shall include front yard landscape packages
consisting of at least two 24" box trees, four 5 -gallon
shrubs and decorative half -inch -minus decomposed granite
ground covers per home.
4)Side yard setbacks for the proposed homes shall be 7-1/2
feet minimum,for a minimum separation of 1 5 feet
distance between the new homes.
5)Any attached covered patios shall also meet setback
requirements for the homes.
6)All applicable permits shall be applied for and plans
shall be designed to current City codes prior to any
construction on the lots.Inclusively, all applicable
development fees shall be paid at the time of permits
issuance on a per -building basis.
7)The proposed land split shall be in accordance with the
land split concept presented with case PZ-5-13,
incorporated by reference herein.
8)The garages shall be located opposite to each other.
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 unconsti-
tutional 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 1ST DAY OF OCTOBER , 2013.
SIGNED AND ATTESTED TO THIS 1ST DAY OF OCTOBER , 2013.
ORDINANCE NO. 1394
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HN S. INSALACO
ayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
C&917(3
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1394
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