HomeMy WebLinkAboutORD33ORDINANCE NO.-33
AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA,
AMENDING THE APACHE JUNCTION, ARIZONA ZONING ORDINANCE
BY ADDING THERETO A NEW ARTICLE ENTITLED " ARTICLE
XXXIII PLANNED DEVELOPMENT" CONSISTING OF SECTIONS 33.01
THROUGH 33.11 INCLUSIVE:SECTION 33.01 INTENTION AND
PURPOSE, SECTION 33.02 PERMITTED USES, SECTION 33.03 PRO-
CEDURE, SECTION 33.04 DOCUMENTATION CONTENT REQUIRED,
SECTION 33.05 STAGING, SECTION 33.06 DEVELOPMENT STANDARDS,
SECTION 33.07 DEDICATION AND MAINTENANCE OF FACILITIES,
SECTION 33.08 MIXED LAND USES, SECTION 33.09 GENERAL
CRITERA, SECTION 33.10 PLANNED DEVELOPMENT SUBDIVISIONS,
SECTION 33.11 SUPPLEMENTARY PROVISIONS: REPEALING ANY
CONFLICTING PROVISIONS: PROVIDING FOR SEVERABILITY: AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL
AS FOLLOWS:
SECTION I: IN GENERAL
The Apache Junction, Arizona Zoning Ordinance be amended
by adding thereto a new article to read as follows:
ARTICLE XXXIII
Section 33.00 PLANNED DEVELOPMENT ZONING DISTRICT
Section 33.01 INTENTION AND PURPOSE
Section 33.02 PERMITTED USES
Section 33.03 PROCEDURE
Section 33.04 DOCUMENTATION CONTENT REQUIRED
Section 33.05 STAGING
Section 33.06 DEVELOPMENT STANDARDS
Section 33.07 DEDICATION AND MAINTENANCE OF FACILITIES
Section 33.08 MIXED LAND USES
Section 33.09 GENERAL CRITERIA
Section 33.10 PLANNED DEVELOPMENT SUBDIVISIONS
Section 33.11 SUPPLEMENTARY PROVISIONS
Section 33.01 Intention and Purpose
In certain instances the objectives of the Zoning Ordinance
may be best achieved by the promotion of planned developments
which do not conform in all respects to the land use pattern
and regulations of conventional zoning.It is the intention
and purpose of the Planned Development Zoning District (PD) to
provide for greater flexibility, and thereby encourage more
creative design which may include a combination of different
dwelling types and/or a variety of land uses which complement
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each other and which are congruous with existing and
proposed land uses in the vicinity.Therefore, it is
intended to enable the use and integration of contempor-
ary land planning principles in such a manner as to
promote its most appropriate use; to allow diversification
in the relationship of various uses, structures and
spaces; to facilitate the adequate and economical pro-
visions of streets and utilities; to preserve the natural
and scenic qualities of open space; and establish guidelines
that will encourage the highest standards of design and
construction; to offer recreational opportunities close to
home; to enhance the appearance of neighborhoods through
preservation of natural green spaces; to counteract the
effects of urban congention and monotony while providing
the environmental amenities; and provide the unified control
of development of land.
It is further the intent to insure substantial compliance
with the General (Comprehensive) Plan adopted by the City
now or in the future and spirit of intent of the Zoning
Ordinance in requiring adequate standards necessary to
promote the public health, safety and general welfare without
unduly inhibiting the advantages of modern planning as a
means of effectuating desirable development, redevelopment,
rehabilitation, and conservation in the City of Apache
Junction for residential, commercial, industrial and other
purposes.
Section 33.02 Permitted Uses
1.The buildings and uses permitted in the Planned
Development Zoning District shall be governed
by the permitted uses in the base district or in
a combination of base districts.The base district
or districts from which permitted uses shall be
determined shall include only those designated in
the application and approved by the Council.
2.Upon the approval of Council, the arrangement of
uses on the land as permitted by the base district(s),
and the proportions of permitted land use defined
by the underlying base district(s) may be adjusted,
re -arranged or altered according to standards and
regulations as provided in this Article.
3.Any use applied for and not specifically listed
in this Zoning Ordinance, if approved by the
Council, shall be designated to the base district
for which the use, when applied, would most
resemble.
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4.By "base district" this Article means any conventional zoning
district(s) as approved by the Council for a particular area.
Normally, the base district(s) will be those existing or com-
patible with existing conventional zoning districts in the subject
area.
Section 33.03 Procedure
The development plan review shall be conducted according to the
following steps, procedures and requirements notwithstanding any other
provisions of this Zoning Ordinance.There shall be a three (3) step
review process for planned development approval consisting of Step One:
pre -preliminary; Step Two: preliminary; and Step Three: final approval.
Each step is outlined below and each shall be approved before proceeding
to the next step as provided.
1.General Procedure
a.Application for a Planned Development Zoning District
(PD) shall be filed in writing and on a form approved by
the Commission in the manner required for amending the
Zoning Ordinance.
No application shall be accepted unless it is complete and
is verified as to the correctness of information given by
the signature of the applicant attesting thereto.
The applicant, or his designated representative, is requested
to be present at each public hearing on their application.
b.The proposed planned development shall be in one (1) owner-
ship or control, or the subject of a joint application by
the owners of all the property included.
c.At the time of filing of the preliminary plan, a fee shall
be due in the amount prescribed for "Planned Development"
on the most current City of Apache Junction Schedule of
Filing Fees as found in Section 2804 of the Zoning Ordinance.
d.The application shall be accompanied by plans, filing doc-
uments and information as prescribed in this Article, or as
prescribed by the Commission.
e.An application for a planned development must be filed not
less than eighteen (18) days prior to the public hearing.
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2.Step One:Pre -Preliminary Application
a.The approval of Step One shall be construed as only
concept approval for the given site and shall not
be construed as approval of any zoning amendment.
b.The Planning Department staff shall determine
whether the planned development requirements of
this Article are complied with.If the developer
disagrees with the determination, the applicant
by request, or the staff, may take the pre -prelim-
inary information to the Planning Commission for
its determination of whether this site is suitable
for development as a planned development.This
step does not require an advertised public hearing.
3.Step Two:Preliminary Application (General Development
Plan)
a.The approval of Step Two shall be preliminary
approval of the specific project on the desig-
nated site and shall create the zoning map change.
b.Investigation and Reports -Planning
The Director of Planning shall cause to be made
by himself or members of the staff, and in co-
operation with other appropriate city departments and
consultants an investigation of facts and review of
all applications and documents presented hereunder
as will serve to provide all necessary information
to assure that the action of each applicant is
consistent with the intentions and purpose of
this Article.
At the appropriate stage(s) the Director of Planning,
or designated representative, shall submit a prepared
report to the Commission for consideration and may
recommend that the application be approved as
submitted, approved with conditions, denied, or
returned to the applicant for revision.
c.Review by Planning and Zoning Commission
Thereafter, the Commission shall review the application
for Planned Development and shall hold a public
hearing(s) as required.After such hearing, the
Commission shall determine whether the proposal
conforms to the criteria and Planned Development
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Requirements as set forth in this Article, and shall
either recommend to the Council that the preliminary
application and development plan be:
1)Approved; or 2) Approved requiring changes
therein; or 3)Shall return the plan and
application for revision; or (4) Denied.
d.Council Consideration
Upon the recommendation from the Commission, the Council
shall advertise and hold a public hearing upon the re-
quest.After the conclusion of such hearing(s), the
Council shall either:
1)Approve the application as recommended by the
Commission; or 2) Approve the conditions requiring
changes or impose such conditions of approval as are
in its judgment necessary to insure conformity to
the criteria and the Planned Development Regulations
as set forth in this Article; or 3) Shall return the
plan and/or application for revision to the applicant;
or 4) Shall deny the application as submitted; or
5) May refer the application to the Commission
for their reconsideration and a subsequent report to
•the Council.
4.Step Three: 'Final Application (Precise Development Plan)
a.Approval of Step Three shall be given only when it can be
shown that the proposed project, or any stage of the total
development plan, meets all requirements as set forth for
final approval in this Article plus all requirements,
stipulations, and modifications of the preliminary plan
as required by the Council have been met.
b.Within one (1) year after the approval of a preliminary
development plan, the applicant shall file with the De-
partment of Planning a final plan for the entire develop-
ment, or when submission in stages has been authorized,
for the first stage of the development.The Commission,
after the first year and at its discretion, may extend
the date for submission of the final plan for one (1)
additional year providing that the circumstances warrant
such an extension.
c.The Commission shall not approve the final development
plan for any stage of the Planned Development if either
the total number of stages developed and/or the average
of the allowable dwelling units per stage, up to and in-
cluding the stage which is to be approved, exceeds by
more than twenty-five (25) percent the average number
of dwelling units per stage which is allowable for the
entire planned development.
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d.The Commission shall consider for approval all
final plans.Provided all the requirements of this
Article are met the Commission shall grant such
approval; except that where action of the City
Council is required said approval shall be subject
to City Council approval of specific items.
5.General
a.For any area of which the City has a valid
application for annexation and which also has a
valid application filed for a planned develop-
ment, the applicant shall have the base district
considered as an integral part of the Planned
Development application.
b.Should the zoning of the base district be
inappropriate for a proposed PD, changing of the
base district shall be accomplished as an
integral part of approval of the Planned
Development application.Under the PD application,
the base district zone change shall not be approved
without approving the Planned Development Application.
Section 33.04 Documentation Content Required
The following information and documents shall be
submitted with the application to the Department of
Planning:
1.•Step One:'Pre -Preliminary Stage Consideration
a.A letter of intent for a Planned Development shall
be submitted by the owner or authorized agent.
Before submitting an application for a Planned
Development, the applicant is urged to confer
with the Department of Planning to obtain an
application and discuss procedures, fees,
schedules and assistance.
An accurate map drawn to sufficient scale to
adequately show the boundaries and dimensions
of the site, a north arrow, the scale, names
and dimensions of all streets, alleys and ease-
ments bounding or touching the site.The map
shall also include schematic reference showing
the plot plan of the land in the area to be
developed indicating:
1.The general relationship contemplated
among all public and private uses; and
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2.The location, dimensions and direction of any
major physiographic features such as railroads,
drainageways and existing man-made physical
features; and
3.All private rights -of -way proposed; and
4.Location of all proposed structures; and
5.Location of all proposed common open space; and
6.Location of any flood hazard areas as
determined by the Federal Emergency Pre-
paredness Agency.
b.An explanatory statement containing the following
information:
1.A showing of property ownership including
all easements; and
2.The source of water supply, method of sewerage
disposal and means of drainage; and
3.Approximate number and types of units proposed
for the site; and
4.Any proposed non-residential uses (i.e. commercial,
industrial, etc.); and
5.Public and private egress; and
6.Areas to be devoted to various uses and
population densities contemplated for the
project ?ana
7.The area total for the project site.
2.,Step Two:Preliminary Stage Consideration
a.One (1) transparency and four (4) prints of a
development plan of the entire development showing:
1.General location for vehicle and pedestrian
circulation indicating streets, driveways,
sidewalks (if any), pedestrian ways, off-
street parking, loading areas and provision
for fire and other emergency vehicles.
2.Location and approximate dimensions of
structures together with the usage to be
contained therein and approximate location
of all entrances thereto showing character
and relationships of buildings, streets, and
open area.
3.A description of adjoining areas, uses or
structures which may affect, or be affected
by, the design or location of buildings of the
development or the uses or traffic circulation
therein.Said description shall include
maps and information for at least four hundred
feet (400') beyond the development.
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4.A description of the general scheme of land-
scaping to be employed including the extent,
location arrangement and proposed improvements
of all open areas, landscaping,fences, and
walls.Said description shall include per-
spective schematic renderings.Proposed
provisions for maintenance of all open areas
shall be included.
5.The Director of Public Works may require the
submission of contour information for a portion
of, or the total development site, when such
information is deemed necessary to adequately
evaluate the Planned Development.When re-
quired, the information shall conform at least
to the following minimum standards.
i.Contour information given shall be
tied to USGS or GLO datum.At least
one (1) bench mark, at or close to the
property shall be required.Contour
elevations shall conform to ground slope
intervals ELS required by Subdivision
Ordinance and/or:
ii. Contour elevations at the centerline
of all private and public streets,
roadways, driveways and parking areas
within the project area.
6.Cross -sections through the property showing grades
and building height relationships shall be included.
7.General provisions to be made for utilities and
storm drains.
8.General provisions for handling storm water
runoff shall be indicated.
b.Four(4) copies of the following information and
documents:
1.A tabulation of the land area to be devoted to
various uses including an indication of land to
be dedicated for street, park, school, or any
other purpose.
2.A development schedule indicating (1)the
approximate date when construction of the project
can be expected to begin;(2) the stages in which
the project will be built and the approximate date
when construction of each stage can be expected
to begin.
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•3.Architectural drawings, sketches, perspective
schematic renderings, or scale models necessary
to demonstrate the design and character of the
proposed development.
4.A draft of the major points for covenants
proposed affecting the property.
5.A lighting plan including proposed street and
security lighting, an analysis of the effect of
such proposed lighting on adjacent property, and
such other information as may reasonably be necessary.
6.A signing plan including the location, type, size,
height and area of proposed signs.
7.An indication of whether or not land is to be
subdivided.
8.A certified legal description or boundary survey
by a registered engineer or registered surveyor
of the property, or properties, to be included
in the total development including all easements; and
9.Other relevant operational data and such reasonable
information as the Commission and/or Council may
require including an updating of all information
submitted for pre -preliminary approval.
3.Step Three: Final Stage Consideration
The information submitted shall be sufficiently detailed
to indicate fully the ultimate operation and appearance of
the development and shall include all information submitted
in the preliminary plan plus the following:
a.The location of water, sewerage and drainage facilities.
b.Landscaping and planting plan showing location, number
and name of all trees and major shrubs; trees over 6" in
trunk diameter to be removed by development shall be
so marked.
c.The character and location of signs in conformance
with the Zoning Ordinance.
d.Plans for street improvements and finished grades or
earth moving plans.Specific request for modification
of traffic barriers and provisions for the relocation
of utilities should be made.
e.Location and dimensions of pedestrian walkways, malls,
trails or any easements.
f.Comprehensive soils and geological reports substantiat-
ing the soundness of the development shall be submitted
by a soil analyst if required by the Building Official.
g.Location and dimensions of parking areas and
other car maneuvering areas including location of
driveways and other access points.
h.Copies of legal documents required by the Council for
dedication or reservation of public facilities.
i.Requirements for subdivision, if applicable, as set
forth in the Subdivision Ordinance.
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j.If development is in stages, the approximate
date when the stage is to be complete.
Section 33.05 -Staging
When development by stages is requested, the Planning
Commission shall review the preliminary application, re-
quired documents, proposed development schedule and any
other information or documents necessary to determine
that the proposed total development meets the intent and
purpose for "Planned Development" as set forth in the Zoning
Ordinance, and to further determine if in the judgment of
the Council the proposed development is of the scale and
design to warrant approval of staging.
When submission in stages has been authorized by the
Council, the following shall apply:
1.The time schedule, as described in 33.04.02(b)(2),
indicating the approximate date on which construction
of the project will begin and the anticipated rate of
development shall become a part of the planned
development preliminary approval and shall be adhered
to by the applicant and any successors in interest.
2.When more than one (1) area of a proposed planned
development area is proposed for subdivisions, sub-
mission of subdivision proposals for a specific area
shall not be made until such time as the developer
intends to proceed with each such area of development
Section 33.06 Development -Standards
In addition to, or as a greater requirement to the
regulations normally found in the district, the following
regulations shall apply to all development within a Planned
Development Zoning District.
1.Density - The developer shall propose a density subject
to Council approval.Upon the adoption of a City
General (Comprehensive) Plan the allowable density
shall not exceed that as set forth in said Plan.Further,
the density shall not exceed that as permitted in the
base zone; provided, that the density restrictions
of this section may be amended as set forth below:
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a.Incentive Density Increases -
Design, character, identity, and architectural
siting variations incorporated into a develop-
ment shall be considered cause for population
density and building intensity increases not to
exceed fifteen (15) percent of that allowable
in the zone underlying the application, pro-
vided they make a substantial contribution to
the objectives of a Planned Developement.The
degree of distinctiveness and desirable variation
achieved shall govern the amount of density/
intensity increase which the Council may approve.
The Council shall consider three major design
features of each project when considering incentive
density increases.The Council may grant up to
five (5) percent increase in density for each
of the three (3) major design areas which follow.
Some specific design features are included under each
of the three major headings to aid in the consideration
of each project's merit.
1.Landscaping (Maximum increase of five percent (5%):
1.Street landscaping for this area;
2.Open space and plazas;
3.Use of natural landscape;
4.Pedestrian way treatment;
5.Recreational areas.
2.Siting (Maximum increase of five percent (5%):
1.Visual features;
2.Use of natural features (water, etc.);
3.View;
4.Sun and wind orientation;
5.Circulation pattern;
6.Physical environment;
7.Variation in building setbacks;
8.Building groups (cluster, etc.).
3.Design features (Maximum increase of five percent (5%):
1.Street sections;
2.Architectural style;
3.Harmonious use of materials;
4.Parking area broken by landscape;
5.Varied use of house types.
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b.Density Limitations --
If the Council finds that any of the following
conditions would be created by a proposed Planned
Development, it may either (1) prohibit any in-
crease in density, or (2) decrease the basic
density allowance by up to fifteen percent (15%)
in order to avoid the creation of any of these
conditions:
1.Inconvenient or unsafe access to the Planned
Development;
2.Traffic congestion which could be projected on
the surrounding streets as a result of the
existing conditions and approval of the planned
development application, and which could
thereby create a potential hazard to the health,
and general welfare of the residents which adjoin
the planned development site.
3.Excessive burden on parks, recreational areas,
schools, and other public facilities which serve
the Planned Development.
c.Planned Development in more than one (1) district --
If the Planned Development is in more than one (1)
zoning district, the number of allowable dwelling
units must be separately calculated for each portion
of the Planned Development that is in a separate zone,
and must then be combined to determine the number of
dwelling units allowable in the entire Planned
Development.
However, the distribution of dwelling units and lot
sizes within the Planned Development need not be
affected by existing zoning district boundaries.
Individual buildings, accessory buildings, off-street
parking and loading facilities, open area, and
landscaping and screeening may be located without
reference to lot lines, save the boundary lines of
the development.
When calculating density of a proposed Planned
Development, the total area, including street
dedication, shall be included.
d.A proposed Planned Development may have specified
reasonable minimum lot sizes or other minimum re-
quirements for a part of, or all, of the planned
development area.
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2.Setbacks and Spacing between - .buildings
a.Perimeter setbacks - Generally these setbacks will
be those of the base district unless otherwise
approved by the City Council.
b.Interior setbacks - As approved by the City
Council; provided no setbacks shall violate
requirements -of the Uniform Building Code or
-Uniform Fire -Code.
c.Buildings should be located in such a manner
so as to avoid, when possible, a corridor or
barracks -like effect.
d.Increased setbacks - Setbacks greater than those of
the immediately adjacent property may be required
where the intensity of development is greater than
that of the adjacent property to such an extent
that greater peripheral setbacks are needed in
order to insure the health, safety and welfare
of the inhabitants of the development of said
adjacent property.
e.In reviewing setback requirements the following
criteria shall help govern the degree an appli-
cant shall be permitted to deviate from the
base zoning district requirements.
1.A better or more appropriate design can be
achieved by not applying the provision of
the zoning district; and
2.Adherence to the requirements of the zoning
district is not required in order to insure
health, safety and welfare of the inhabitants
of the development; and
3.Adherence to the requirements of the zoning
district is not required in order to insure
that property values of adjacent properties
will not be reduced.
3.Height
a.Generally, no building shall exceed a height
which is twenty-five (25) percent greater than
that of the maximum building height limitation of the
base district in which the planned development
is proposed.
b.The Council may approve different extra limita-
tions not less than that provided in Subsection
a, provided that the proposed height is not
detrimental, incompatible or otherwise unde-
sirable with respect to existing or proposed
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Page 14
future surrounding area development, and provided
that one of the following situations can be found
to exist:
1.That the height increase can be justified
on the basis of unique lot characteristics
topographical conditions, or other natural
features; or
2.That the height increase can be justified
on the basis of amenities provided or con-
cessions made by the developer for which
some bonus incentive is warranted.
c.When the Planned Development abuts or is in
a single family base district, the building
height for the base district shall apply
within 200 feet of the said single family
base district.
4.Usable Open Area
a.There shall be a minimum of ten percent (10%)
of the total area of the Planned Development
dedicated or reserved as common usable open
area.Such area shall be clearly designated
on the plan as to character of use and develop-
ment, but shall not include:
1.Private or public dedicated streets, alleys
and other rights -of -way.
2.Vehicular drives, parking, loading and
storage areas.
b.The required minimum lot area for any single
family dwelling unit within a planned develop-
ment project may be reduced by one (1) square
foot for each one (1) square foot of common
usable open area substituted in the project
site elsewhere, and provided that the minimum
lot area is not reduced by more than twenty
percent (20%).The substitute common open
area may not be counted toward the minimum
required open area for the planned development site.
c.With a planned development, a planned residential
area may have distributed without regard to the
underlying zone, the required open area.
d.When, with a PD, a planned residential area is
constructed by stages, the plans for usable open
area shall include provisions for such areas
within each staged area.
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e.Required usable open area shall be complete as to
approved specifications prior to occupancy of the
planned development, or an approved stage thereof.
5.Off -Street Parking Facilities --
The following shall be applied in all Planned Developments:
a.Parking requirements shall be equal to at least
the sum of the parking requirements for all uses
proposed and which is equal to that required by
Article 21 herein, except that those requirements
may be increased or decreased where the Council
determines that because of the location of the
property with respect to surrounding areas within
reasonable walking distance, and or public trans-
portation, or any other consideration reasonably
relating to the need for parking in the development,
such increase or decrease is appropriate.However,
in a commercial or industrial planned development
where it can be demonstrated by the applicant that
due to nonconflicting hours of operation, design
of the circulation and parking plan or any other
factor reasonably related to the need for parking
the total parking requirement can be reduced, the
Council may do so provided legal notice of the
application specifies that such reduction has been
requested.
b.Development standards shall be as provided in
Article 33 of the Zoning Ordinance except that the
following shall also be guidelines:
1.Private streets may serve circulation and
parking purposes if providing adequately for fire
and police protection, rubbish collection and
lighting, as established by the Director of
Public Works and the Director of Public Safety.
2.A building group may not be so arranged that
any temporarily or permanently inhabited building
is inaccessible by emergency vehicles.
3.Driveways and circulation roadways shall be
designed to minimize traffic and congestion
within the Planned Development and to minimize
the amount of paving.
4.Circulation and parking areas shall be separated
from recreational areas to facilitate safe
vehicular movement.In the design of the circu-
lation and parking plan, priority shall be given
to pedestrian access and activity.
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Page 16
c.Any required parking spaces serving residential
uses shall be located within two hundred (200)
feet of the building containing the living units
served.
Section 33.07 Dedication and maintenance of facilities --
The Commission may recommend and the City Council may
require as a condition of approval for any planned development,
that portions of the tract or tracts under consideration be
set aside, improved, conveyed or dedicated for the following
uses:
1.Streets:That the right-of-way width designated
be dedicated to the City.Such other streets necessary
to the proper development of adjacent properties may
also be required.
2.Easements:That owner shall grant to the City such
easements as will be required to insure the necessary
and orderly extension of public utilities, including
easements over all non -dedicated private streets over
which the City may need ingress or egress for the
purpose of protecting and preserving the health, safety
and welfare of the public and for the provision of
municipal services of which each citizen within the
City has a right to expect and may require at any
future time.
3.Underground Utilities:In any development which is
primarily designed for or occupied by dwellings, all
electric and telephone facilities, fire alarm conduits,
street lighting wiring, and other wiring, conduits
and similar facilities shall be placed underground
by the developer, unless waived by the Council.
4.Recreation Facilities:The Council may require
that suitable area for parks or playgrounds be
set aside, improved or permanently reserved for
the owners, residents, employees or patrons of the
development.
Section 33.08 Mixed Land Use
1.Residential use mixed with other.Us-es --
a.In a residential planned development of over
four (4) acres, or where development is by
stages, and where commercial and/or industrial
uses are being developed in conjunction with
residential uses, construction of commercial
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Page 17
and/or industrial uses shall not be initiated
until a percentage of residential units to be
specified in the planned development approval
have been developed.The Council may specify
stages of approval for industrial or commercial
use to coincide with a minimum percentage of
residential uses completed.
b.A basic premise shall be that such retail and
service commercial development and/or industrial
development be ancillary to, basically serve,
and integrate in a compatible fashion with the
primary residential use and character of the
planned development district and surrounding
properties.
Section 33.09 General Criteria
In addition, a planned development may be granted only
if it is found that the development conforms to all of the
following general criteria:
1.That the location, design, size, and uses are
consistent with the General (Comprehensive) Plan,
adopted by the City now or in the future, and with
any other applicable plan, development map, or
ordinance adopted by the City Council.If the
development plan is found to be in the public
interest, but is in conflict with the General
(Comprehensive) Plan, amendment of the General
(Comprehensive) Plan shall be approved before
approval may be granted for the Planned Development
application.
2.That the location, design, and size are such that the
development can be well integrated with its surround-
ings; is planned and developed with the intention to
harmonize with any existing or proposed development
in the adjacent neighborhood; and in the case of a
departure in character from surrounding uses, that
the location and design will adequately reduce the
impact of the development so the project will not be
detrimental to the adjacent property.
3.That the location, design, size and uses are such
that traffic generated by the development, except
in single family density, can be accommodated safely
without congestion on existing or planned arterial
or collector streets and shall, in the case of
Ordinance #33
Page 18
commercial or industrial developments, be
designed to attract and accomodate traffic
on local arterial or collector streets.
4.That the location, design, size and uses are such that
the residents or establishments to be accommodated
will be adequately served by existing or planned
public facilities and services.
5.That the location, design, size and uses should result
in an attractive, healthful, efficient and stable
environment for living, shopping, working and
leisure activities.
6.That the development plan makes appropriate
provision for th preservation of the environment,
both natural and man-made.
Section 33.10 Pinned .DevelOpMent 'Subdivisions
1.'Conversions of pre-existing subdivisions to
Planned 'DeveldpMents
a.The Council may approve a Planned Development
for an area previously subdivided, in which
case said subdivision, and any structure con-
structed thereon, shall be considered in con-
formance with zoning requirements as to lot
size, setbacks, and height.Such an area may
include a group of structures either sub-
stantially constructed or in existence at the
time of the effective date of this Ordinance,
which structures when constructed were intended
to be similar in purpose and are substantially
similar in design and purpose on the effective
date of this Ordinance.
b.Applicants for conversions of pre-existing
subdivisions to Planned Development District
zoning shall follow the application and pro-
cedures for plan review as set forth in this
Article, except that during the pre -preliminary
conference the Director of Planning shall advise
the applicant as to appropriate modifications
which might be made in application requirements.
c.In a pre-existing subdivision, the signatures
of 51% of the property owned by both number
and area shall be required to initiate a
planned development application for such area,
Ordinance 1/33
Page 19
Section 33.11 Supplementary Provisions
1.Limitation on -resubmission
Whenever an application for a planned development
has been denied, a similar application for the same
area or any portion thereof shall not be filed
within six (6) months after the date of denial.
2.Adherence to approved plan and modification thereof
The applicant shall be bound by the plans and
narrative for himself and his successors in interest,
and by the conditions prescribed for approval of
the development.The approved final plan and
stage development schedule shall control the
issuance of all building permits and shall restrict
the nature, location and design of all uses.Minor
changes in an approved preliminary or final development
plan may be approved by the Building Official if
such changes are consistent with the purposes and
general character of the development plan.All
other modifications and amendments, and all major
changes, including extension or revision of the
stage development schedule shall have a public
hearing for consideration and action by the Council.
3.Revocation for failure to adhere to approved plan,
satisfy conditions of approval, or comply with
stage development schedule
In the event of a failure to comply with the
approved preliminary or final development plan
or any prescribed condition of approval, including
failure to comply with the stage development schedule,
shall constitute a violation of this Article as
prescribed in Article 27.
The Commission may, after notice hold a public
hearing and recommend the revocation of a planned
development zoning district.Thereafter the Council
shall consider the recommendation in the same
manner as in considering a rezoning request.
4.Expiration and reversion of Planned Development
Zoning District
If within one (1) year after the approval of the
preliminary plan and designation on the Apache
Junction Zoning Map by the Council, construction
specified in the final development plan has not been
Ordinance #33
Page 20
commenced, or cannot be developed as approved,
then the PD District classification shall be
recalled to the Commission for review.If it
has not been shown that it is in the public
interest, and if the applicant has not demonstrated
good cause necessitating the extension of time, the
Commission shall recommend the PD designation revert
to the base zone designation existing at the time of
approval of the Planned Development Zoning District,
or other appropriate designation.
If however, the applicant shows good cause necessitating
an extension which would serve the public interest, then
the Commission may grant two (2) extensions of time to
commence substantial construction.Each extension
of time shall not exceed a one (1) year period.
5.Transfers and assignments -
If during any stage of the development the property
under application, or any portion thereof, is trans-
ferred or assigned to another, then the transferee
or assignee shall be bound to the requirement and
design of the approved project; except that a transferee
or assignee may make application for a major change
of the application in which case the Council shall
hear the application as if it were a major change in
the Planned Development.
6.Cancellation by applicant
Cancellation may be initiated by the applicant of the
property covered by the application by means of a
written Notice of Cancellation directed to the
Department of Planning.Cancellation of the applica-
tion shall become effective thirty (30) days after
receipt of the Notice of Cancellation in the Office of
the Department of Planning.
7.Use or occupancy
No building or structure within the planned development
or portion thereof as approved for stage development
shall be used or occupied, and no change in the existing
occupancy classification of a building or structure or
portion thereof shall be made until the Building
Official has issued a Certificate of Occupancy thereof
as provided under the provisions of the Uniform Building
Code.
Ordinance 1133
Page 21
8.Planned-Development precedents
The approval of departures from standards ordinarily
required for a base district zone, or for any other
planned development, shall not be considered as
precedent setting when approved for any individual
planned development project.
9.Construction standards--- building permit issuance
The provisions of the Uniform Building Code and all
other City codes and detailed standards shall apply
and control all design and construction of improvements
within a planned development.
10.Map change and rdapping
Map Change-Approval by the City Council of the pre-
liminary development plan in accordance with the
procedures and requirements of the Apache Junction
Zoning Ordinance shall constitute approval of the
necessary amendment of the Official Zoning Map of the
City of Apache Junction and the map shall be changed
in accordance with the approved site area.
Whenever a planned development has been approved
and remains in effect, the boundary of the planned
development shall be indicated on the Zoning Map
of the City.
11.Termination of a Planned Development after icompletion
A planned development may not revert to any base
district designation upon completion unless and until all
requirements of the base district are complied
with.
Should the applicant or any transferree or assignee,
of an approved planned development wish to discon-
tinue the PD use, or uses, upon or after completion,
any use, or uses, of the land including the continua-
tion of the planned development zoning district
designation shall be reviewed and may be approved by
the Council.
SECTION II:REPEAL OF CONFLICTING ORDINANCES
All ordinances and parts of ordinances in conflict with
the provisions of this Ordinance or any part of the code
adopted herein by reference, are hereby repealed.
Ordinance #33
Page 22
SECTION III:SEVERABILITY
If any section, sub -section, sentence, clause, phrase
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.
SECTION IV:EMERGENCY CLAUSE
Whereas, it is necessary for the preservation of the
peace, health and safety of the City of Apache Junction,
Arizona, an emergency is declared to exist, and this
Ordinance shall become immediately operative and in
force from and after the date of posting hereof.
PASSED AND ADOPTED by the Mayor and Common Council of
4th daythe City of Apache Junction, Arizona, this
of June ,19A0
ATTEST:
City Clerk
APPROVED AS TO FORM: