HomeMy WebLinkAboutORD1441ORDINANCE NO. 1441
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-11-16, A REZONING
REQUEST BY CMH HOMES INC., REPRESENTED BY WALEED HAMMAD,
FROM MEDIUM/HIGH DENSITY SINGLE-FAMILY RESIDENTIAL BY
PLANNED DEVELOPMENT ("RS-7/PD")TO MEDIUM/HIGH DENSITY
SINGLE-FAMILY RESIDENTIAL, CONVENTIONAL OR MANUFACTURED
HOME PERMITTED BY PLANNED DEVELOPMENT ("RS-7M/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, the subject site had been developed with a mobile or
manufactured home and several detached accessory buildings which
were noncompliant with the old Trailer Homesite ("TH") zone setback
requirements but has since been vacant for about five years; and
WHEREAS, pursuant to case PZ-5-13, Ordinance No. 1394, at the
request of the previous property owner Hudd Hassell, the property
was conditionally rezoned from "TH" to Conventional Single -Family
Residence Zone by Planned Development ("CR-3/PD")to allow a lot
split and two conventional two-story homes be constructed; and
WHEREAS, Land Split Case No. LSM-2-13 was approved in February
13, 2014 and included a third lot to the west as a Minor Planned
Development Amendment,to address a wall encroachment issue and
still subject to the conditions set forth in Ordinance No.1394;
and
WHEREAS,deeds with new legal descriptions were never
recorded thus the lots were never legally split and were sold to
a new buyer; and
ORDINANCE NO. 1441
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WHEREAS, on May 6, 2014, pursuant to Ordinance No. 1402, the
City adopted a new zoning ordinance and zoning district maps and
the subject site was given a new zoning designation of Medium/High
Density Single -Family Residential by Planned Development ("RS-
7/PD"); and
WHEREAS,on December 13,2016,the Planning and Zoning
Commission,after public hearing,voted to recommend denial of
rezoning case PZ-11-16 by a vote of 5 to 2; and
WHEREAS, the City Council hereby determines that the proposed
rezoning 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 1-5-2,Residential Bulk
Regulations,and Section 1-4-3,Planned Development ("PD")
District (except as otherwise conditioned herein).
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.Except the South 40 feet thereof,
conveyed to the City of Apache Junction in warranty deed
recorded as 2013-059055 of official records of Pinal
County, Arizona.(Pinal County Assessor parcel 102-34-
072A);
be and hereby is amended from Medium/High Density Single -Family
Residential,by Planned Development ("RS-7/PD")to Medium/High
Density Single -Family Residential,Conventional Or Manufactured
ORDINANCE NO. 1441
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Home Permitted by Planned Development ("RS-7M/PD"), subject to the
following conditions of approval:
1) The property shall be split into two equal lots with a
minimum width of 48'.A new land split application must be
filed with the City of Apache Junction to create two new
legal descriptions for the parcels.
2) The two lots may have either conventional or modular homes;
manufactured homes are not permitted.
3) 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 (attached or
detached) and architectural treatments on all four sides of
the buildings to preclude flat or blank facades; including
pop -outs,columns,roofline and color variations to add
visual interest.
4) 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.
5) Side yard setbacks shall be 7 feet minimum to accompany the
smaller lot widths; or side yard setbacks may be 5' and 9',
with an 18' separation between homes.
6) Any attached covered patios shall also meet setback
requirements for the homes.
7) 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
ORDINANCE NO. 1441
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shall be paid at the time of permits issuance on a per-
building basis.
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 COUNav OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS t r "DAY OF Z/A-It y , 2017.
SIGNED AND ATTESTED TO THIS r -r4 DAY OF
JEF97/3ERDY
MayK;.
ATTEST:
KATHLEEN CONNELLY
City Clerk
ORDINANCE NO. 1441
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, 2017.
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1441
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