HomeMy WebLinkAboutORD1489ORDINANCE NO. 1489
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
PROPERTIES DESCRIBED IN REZONING CASE PZ-2-20, A CITY-
INITIATED REZONING, FROM MEDIUM/HIGH DENSITY SINGLE-
FAMILY DETACHED RESIDENTIAL ("RS -7") TO HIGH DENSITY
MULTIPLE -FAMILY RESIDENTIAL ("RM-1"); REPEALING ANY
CONFLICTING PROVISIONS; AND PROVIDING FOR
SEVERABILITY.
WHEREAS, prior to 2014, the zoning designation for the
fifteen (15) lots legally described as lots 1-8 and lots 17-23
of the Superstition Villa Subdivision located at W. 16th Avenue
and S. San Marcos Drive was the Multiple Family Residence
("CR-5") designation, a former zoning district that allows
multiple family residences; and
WHEREAS, on May 6, 2014, pursuant to Ordinance No. 1402,
the Apache Junction City Council adopted a new zoning ordinance
and zoning district maps, and the subject properties were
inadvertently given a new zoning designation of Medium/High
Density Single -Family Detached Residential ("RS -7") which
prohibits the land use of multiple family residences; and
WHEREAS, staff observed that all fifteen (15) lots consist
of multiple family residences that were allowed and constructed
under the former CR-5 regulations; and
WHEREAS, the property is currently considered
non -conforming and property owners are unable to develop or
utilize their properties in accordance with former CR-5
regulations under the current RS -7 zoning designation; and
WHEREAS, on January 14, 2020, the Apache Junction Planning
and Zoning Commission recommended the rezoning be initiated; and
WHEREAS, on February 25, 2020, the Apache Junction Planning
and Zoning Commission unanimously recommended approval to the
city council of rezoning case PZ-2-20.
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ORDINANCE NO. 1489
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NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
The zoning district classification on the zoning district map
for the parcels of land legally described as:
Lots 1-8 and Lots 17-23 of SUPERSTITION VILLA, according to
the plat of record in the office of the county recorder of
Pinal County, Arizona, recorded in Book 12 of Maps, Page 39
and re -dedicated in Docket 430, page 600,
be and hereby is amended from Medium/High Density Single -Family
Detached Residential ("RS -7") to High Density Multiple -Family
Residential ("RM-1").
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 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 / 2 DAY OF M a /id), 2020.
SIGNED AND ATTESTED TO THIS
ORDINANCE NO. 1489
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P 7 DAY OF /11,14th , 2020.
ATTEST:
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1489
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