HomeMy WebLinkAboutORD1430ORDINANCE NO. 1430
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-5-16, AND LOCATED
AT 512 AND 516 NORTH VALLEY DRIVE,APACHE JUNCTION,
ARIZONA,A REQUEST BY GENE RODAWAY,REPRESENTED BY
LESLIE COOKE, FROM MEDIUM DENSITY SINGLE-FAMILY DETACHED
RESIDENTIAL, CONVENTIONAL OR MANUFACTURED HOME PERMITTED
("RS -20M")TO HIGH DENSITY MULTIPLE -FAMILY RESIDENTIAL
BY PLANNED DEVELOPMENT ("RM-1/PD");REPEALING ANY
CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the subject site is a non -conforming property which
has been used as a 6 unit apartment rental property prior to the
city adopting its March 1985 Zoning Ordinance,pursuant to
Ordinance No. 350; and
WHEREAS,during the public hearings conducted in 2014,in
which the city was considering the adoption of a new zoning
ordinance and zoning district maps, the property owner requested
that the Apache Junction City Council correct the zoning on the
property to multiple -family as part of the process; and
WHEREAS, the property owner requested the zoning correction
so that the 6 unit apartment rental property would have proper
zoning,which would then allow improvements to be made to the
property,which could not be done as long as the property was
non -conforming; and
WHEREAS, it has been the property owner's desire to continue
operating the apartment rentals and make improvements to benefit
the property and general neighborhood; and
WHEREAS,on May 5,2014 the Apache Junction City Council
adopted said new zoning ordinance and zoning district maps,and
directed staff to work with the property owner on a city -initiated
planned development rezoning of their property; and
ORDINANCE NO. 1430
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WHEREAS,under the proposed High Density Multiple -Family
Residential District by Planned Development zoning ("RM-1/PD"),
the property owner is agreeable to installing landscaping,
constructing carports with storage rooms, a laundry room, and other
improvements to North Valley Drive right -of -away,as well as a
zoning condition which will require a new public hearing process
if there is desire to construct additional rental units with or
without deviations from the standard zoning requirements on the
property in the future; and
WHEREAS, on April 12, 2016, the Planning and Zoning Commission
voted to recommend approval of rezoning case PZ-5-16 by a vote of
7-0, subject to conditions; and
WHEREAS, the city council hereby determines that the proposed
rezoning substantially conforms to all of the general criteria as
specified in the Apache Junction City Code,Volume II,Land
Development Code,Chapter 1,Zoning Ordinance,Section 1-4-1,
Zoning Districts,and Section 1-4-3,Planned Development ("PD")
District,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 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 parcel of land legally
described as:
Parcel No. 1
Lot 21,block 3,of Apache Acres Addition,correctly
known as Apache Addition Acres, according to the plat of
record in the office of the County Recorder of Pinal
County Arizona,recorded in book 5 of maps,page 32;
except the north 62.5 feet of the east 150 feet thereof
ORDINANCE NO. 1430
Page 2 of 5
(also known as Pinal County Assessor parcel 101-15-063);
and
Parcel No. 2
The north 62.5 feet of the east 150 feet of lot 21,
block 3, of Apache Acres Addition, correctly known as
Apache Addition Acres, according to the plat of record
in the office of the County Recorder of Pinal County,
Arizona, recorded in book 5 of maps, page 32 (also known
as Pinal County Assessor parcel 101-15-064);
be and hereby is amended from Medium Density Single -Family Detached
Residential,Conventional or Manufactured Home Permitted ("RS-
20M")to High Density Multiple -Family Residential by Planned
Development ("RM-1/PD"), subject to the following conditions:
1) Upon rezoning of the property, the site shall be developed
in accordance with the submitted site plan within two years
of the rezoning approval, or the zoning may be subject to
reversion by legislative action of Apache Junction City
Council.
2) Upon rezoning of the property the two parcels, 101-15-063
and 101-15-064, shall be combined and a single address will
be assigned.
3) The front fence shall be permanently constructed.
4) All construction proposed on the property, including the
installation of new signs, shall be subject to proper
permits and inspections.
5) Upon construction of the laundry facility, the property
shall connect to the sewer that is available.
6) A total of ten parking spaces must be designated to support
the 6 unit apartment rentals.
7) The setbacks of the two existing buildings shall be
permitted as shown on the site plan.Any future buildings
shall follow current RM-1 zoning setbacks.
ORDINANCE NO. 1430
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8) Any expansion to the number of rental units will be subject
to a major planned development amendment and compliant with
all other adopted City codes and ordinances, including but
not necessarily limited to, the city's zoning ordinance,
engineering guidelines and landscape and screening
requirements.
9) RV parking and/or storage will not be permitted on the
property.
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 3 6 0 DAY OF A l A y 1
2016.,,,-rit maySIGNED AND ATTESTED TO THIS IL'DAY OF , 2016.,.
N S. INSALACO
ayor
Az/4,KATHLEEN CONNELLY
ORDINANCE NO. 1430
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City Clerk
APPROVED AS TO FORM:
1 5 14
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1430
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