HomeMy WebLinkAboutORD1457ORDINANCE NO. 1457
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-4-17, A REZONING
REQUEST BY DAVID DIXON, FROM GENERAL RURAL LOW DENSITY
SINGLE-FAMILY DETACHED RESIDENTIAL ("RS-GR") TO GENERAL
RURAL LOW DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL BY
PLANNED DEVELOPMENT ("RS-GR/PD");REPEALING ANY
CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the subject site was developed with a mobile home in
1964 prior to City of Apache Junction, AZ ("city") incorporation;
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 site was given a new zoning designation from General
Rural ("GR") to RS-GR; and
WHEREAS, in 2015, city staff discovered that a conventionally
constructed home was being built without proper permits on the
subject site around the mobile home; and
WHEREAS, upon building permit submittal and site plan review
it was discovered that the structure was encroaching into the
required main structure side yard setback area,as well as a
Federally Patented Easement ("FPE"); and
WHEREAS, the mobile home was removed from the property after
2015; and
WHEREAS,in 2017,the affected utility companies granted
extinguishments for their utility easements for that section of
property,bringing the structure closer to complying with
regulations; and
ORDINANCE NO. 1457
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WHEREAS, on September 11, 2017 the Board of Adjustments and
Appeals voted 4 to 0 in favor of denial for a variance request by
Mr. Dixon to deviate from the main structure side yard setback,
Case BA -2-17,under the findings of fact that the encroachment
issue was self-imposed; and
WHEREAS,on January 23,2018,the Planning and Zoning
Commission,after public hearing,voted to recommend denial of
rezoning case PZ-4-17 by a vote of 6 to 0; 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,Article 1-5:Zoning Bulk and Use
Regulations,Section 1-5-1,Residential Use Regulations,Section
1-5-2,Residential Bulk Regulations,and Article 1-4:Zoning
Districts,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 Northwest quarter of the Southeast quarter of the
Southwest quarter of the Southwest quarter of Section
22, Township 1 North, Range 8 East of the Gila and Salt
River Base and Meridian, except the Southwest quarter
of the Northwest quarter of the Southeast quarter of
the Southwest quarter of the Southwest quarter,Pinal
County, Arizona (Pinal County Assessor parcel 103-04-
058);
be and hereby is amended from General Rural Low Density Single-
Family Detached Residential ("RS-GR") to General Rural Low Density
Single -Family Detached Residential by Planned Development ("RS-
GR/PD"), subject to the following conditions of approval:
ORDINANCE NO. 1457
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1) The property owner shall dedicate necessary right-of-way
to the city along Vista Road and 7th Avenue.
2) The main structure side yard setback shall be 10 -feet,
including any future additions or expansions.
3) Should a future accessory dwelling unit (guest house) be
constructed on the property, the standard main structure
side yard setback in an RS-GR zoning district must be met.
4) All applicable permits for conventional construction shall
be applied for within 90 calendar days from the effective
date of approval of this ordinance,and plans shall be
designed to current city codes prior to any further
construction of the existing main residence.
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 COUNCI OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 6 -40 V`DAY OF , 2018.
SIGNED AND ATTESTED TO THIS 49--74 DAY OF ii.-4gmUi2n, 2018.
ORDINANCE NO. 1457
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JEi SERD
Mayor
ATTEST:
/7"60-dez,tff-i
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1457
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