HomeMy WebLinkAboutORD1470ORDINANCE NO. 1470
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-2-19,A CITY-
INITIATED REZONING,FROM MEDIUM DENSITY SINGLE-FAMILY
DETACHED RESIDENTIAL,CONVENTIONAL AND MANUFACTURED
HOMES PERMITTED ("RS -20M")TO MEDIUM/HIGH DENSITY
SINGLE-FAMILY DETACHED RESIDENTIAL,CONVENTIONAL AND
MANUFACTURED HOMES PERMITTED ("RS -7M");REPEALING ANY
CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the City of Apache Junction was incorporated in
November of 1978 and the zoning that was applied to the
"Smoketree-Warner Neighborhood" was Trailer Home Site Zone
("TH"); and
WHEREAS, the area consisting of 41 parcels of residential
lots and bounded by N. Warner Drive, W. Smoketree Street, N.
Desert View Drive and W. Foothill Street (hereinafter the
"Smoketree-Warner Neighborhood"), was created by numerous land
divisions prior to the city adopting rules for land splits; 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 and Manufactured Homes Permitted ("RS-
20M"); and
WHEREAS, staff has observed that a majority of the setbacks
and lot sizes in this neighborhood have become nonconforming
under the new RS -20M zoning which had, on occasion, made it more
difficult for homeowners to improve their properties; and
WHEREAS, for the purpose of correcting and/or alleviating
the nonconformities in the Smoketree-Warner Neighborhood, on
February 12, 2019, as recommended by planning staff, the Apache
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Junction City Planning and Zoning Commission directed staff to
initiate a corrective rezoning for the Smoketree-Warner
Neighborhood from RS -20M to RS -7M; and
WHEREAS, on April 9, 2019, the Planning and Zoning
Commission, in a public hearing, voted to recommend approval of
rezoning case PZ-2-19 by a vote of 5 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.
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:
The Northwest quarter of the Southeast quarter of the
Northwest quarter of Section 18, Township 1 North,
Range 8 East of the Gila and Salt River Base and
Meridian, Pinal County, AZ; also known as Pinal County
assessor parcels 100-33-051D, 051A, 051B, 051C, 080A,
080B, 081, 082, 052C, 052B, 050D, 052D, 054D, 054E,
054C, 054A, 053B, 053C, 053D, 053E, 023D, 023F, 079,
078, 067, 068, 069A, 069B, 071, 072, 073B, 073A, 070,
075, 076, 077, 074A, 074C, 074B, 074E, and 074D;
be and hereby is amended from RS -20M to RS -7M, subject to the
following conditions:
1) The bulk regulations for RS -7M 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,
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Table 5-2 Residential Bulk Regulations,shall apply to
future development and redevelopment of the lots.
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) 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.
4) 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 neighborhood.
5) 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.
6) All of the current homeowners within the Smoketree-Warner
Neighborhood 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 if
they have a nonconformity.
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
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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 /‘75.1 DAY OF
2019.
SIGNED AND ATTESTED TO THIS / 4 A DAY OF
2019.
JEFF S
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
L b/ 6-1 9
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1470
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