HomeMy WebLinkAboutORD1447ORDINANCE NO. 1447
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-1-17,A CITY-
INITIATED REZONING,FROM MEDIUM DENSITY SINGLE-FAMILY
DETACHED RESIDENTIAL,CONVENTIONAL HOMES PERMITTED
("RS -10")TO MEDIUM/HIGH DENSITY SINGLE-FAMILY
DETACHED RESIDENTIAL BY PLANNED DEVELOPMENT,
CONVENTIONAL HOMES PERMITTED ("RS-5/PD");REPEALING
ANY CONFLICTING PROVISIONS;AND PROVIDING FOR
SEVERABILITY.
WHEREAS, the Evelyn Subdivision plat was recorded on May
19, 1948; and
WHEREAS, the City of Apache Junction was incorporated in
1978 and the zoning that was applied to the Evelyn Subdivision
was Medium Density Single -Family Residence Zone, Conventional
Home Permitted ("CR-3"); and
WHEREAS, on May 6, 2014, pursuant to Ordinance No. 1402,
the City adopted a new zoning ordinance and zoning district
maps, and the subject properties were given a new zoning
designation of Medium Density Single -Family Detached
Residential, Conventional Homes Permitted ("RS -10"); and
WHEREAS, due to encroachments of buildings, staff has
observed a majority of the setbacks and lot sizes in this
neighborhood have been nonconforming both under the previous
"CR-3" zoning as well as the new "RS -10" zoning; and
WHEREAS, for the purpose of correcting and/or alleviating
the nonconformities in the Evelyn Subdivision, on January 17,
2017, as recommended by planning staff, the Apache Junction City
Council directed staff to initiate a corrective rezoning for the
neighborhood from "RS -10" to "RS-5/PD"; and
ORDINANCE NO. 1447
Page 1 of 4
WHEREAS, on April 25, 2017, the Planning and Zoning
Commission, in a public hearing, voted to recommend approval of
rezoning case PZ-1-17 by a vote of 7 to 0; and
WHEREAS, the Mayor and City Council finds that the proposed
rezoning conforms to all of the applicable criteria as specified
in the Apache Junction City Code,Volume II,Land Development
Code,Chapter 1:Zoning Ordinance,Article 1-5:Zoning Bulk and
Use Regulations,Section 1-5-1 Residential Use Regulations and
Article 1-4:Zoning Districts,Section 1-4-3 Planned Development
("PD") District.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
The zoning district classification on the Zoning District Map,
City of Apache Junction, Arizona,for the parcels of land
legally described as:
Lots 3 through 94, Evelyn Subdivision, recorded in
Book 5 of maps, Page 41, Pinal County Recorder's
Office;
be and hereby is amended from Medium Density Single -Family
Detached Residential, Conventional Homes Permitted on 10,000
square foot minimum lots ("RS -10") to Medium/High Density
Single -Family Detached Residential by Planned Development,
Conventional Homes Permitted on 5,000 square foot minimum lots
("RS-5/PD"), subject to the following conditions:
1) The bulk regulations for RS -5 found in Apache Junction City
Code,Volume II,Land Development Code,Chapter 1:Zoning
Ordinance,Article 1-5:Zoning Bulk and Use Regulations,
Section 1-5-2 Residential Bulk Regulations,Table 5-2
Residential Bulk Regulations,shall be modified as depicted
below:
ORDINANCE NO. 1447
Page 2 of 4
Main Structure Setbacks Accessory Structure Setbacks
Front 20'Front 20'
Side 5'Side 3'
Street Side 10'Street Side ' 10'
Rear 10'Rear 3'
2) For any nonconforming lots or structures,Apache Junction
City Code,Volume II,Land Development Code,Chapter 1:
Zoning Ordinance,Article 1-2:Types of Uses,Section 1-2-5
Nonconforming Uses, Structures and Lots,shall apply.
3) On lots that are nonconforming with multiple units,Apache
Junction City Code,Volume II,Land Development Code,
Chapter 1 Zoning Ordinance,Article 1-2:Types of Uses,
Section 1-2-5 Nonconforming Uses, Structures and Lots,
shall apply.
4)A nonconforming use structure cannot expand beyond the 50%
rule, as found in Apache Junction City Code,Volume II,
Land Development Code,Chapter 1:Zoning Ordinance,Article
1-2:Types of Uses,Section 1-2-5 Nonconforming Uses,
Structures and Lots.
5) Rear property lines shall not be altered unless to follow
original subdivision lot lines.
6)All regulations from the Apache Junction City Code,Volume
II,Land Development Code,Chapter 1:Zoning Ordinance,and
Chapter 2:Subdivision Regulations,shall apply to all lots
in the subdivision.
7)All applicable permits shall be applied for and plans shall
be designed to current city codes for any structures over
120 square feet and new homes or remodels.
8)All of the current homeowners within the Evelyn
Subdivision shall receive formal notice related to this
rezoning, with explanation that will help them understand
what they can and cannot do relative to any nonconformity,
and that there are some limitations to what they can do.
ORDINANCE NO. 1447
Page 3 of 4
SECTION II REPEALING ANY CONFLICTING ORDINANCES
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the codes adopted
herein by reference 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 codes or regulations
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 /6'4 DAY OF M t (
2017.
SIGNED AND ATTESTED TO THIS
2017.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
.5117
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1447
Page 4 of 4
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