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Home My WebLink AboutORD94ORDINANCE NO.94 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFI- CATION IN REZONING CASE PZ-4-81 FOR THOSE CERTAIN AREAS DESCRIBED HEREIN FROM CR-3 SINGLE RESIDENCE ZONE TO CR-3/PD SINGLE RESIDENCE ZONE BY PLANNED DEVELOPMENT,AND FOR THOSE CERTAIN AREAS DESCRIBED HEREIN FROM CR-5 MULTIPLE RESIDENCE ZONE TO CR-5/PD MULTIPLE RESIDENCE ZONE BY PLANNED DEVELOPMENT; ESTABLISHING ZONING REQUIREMENTS FOR THE CERTAIN AREAS ZONED;PROVIDING FOR VARIANCE IN THE REQUIREMENTS OF ARTICLE 33 WITH REGARD TO DOCUMENTATION, STANDARDS,AND PROCEDURES REQUIRED;REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT: SECTION I IN GENERAL 1.The zoning district classification on the Apache Junction,Arizona, Zoning Map for the property described as: Lots No.301 through 415 of Unit 2 of the Palm Springs Subdivision now in the city of Apache Junction,county of Pinal,state of Arizona,as per maps recorded in Map Book 8, Page 3,in the office of the County Recorder of Pinal County, Florence,Arizona; Lots No.416 through 450 and Tract B of Unit 3 of the Palm Springs Subdivision now in the city of Apache Junction, county of Pinal,state of Arizona,as per maps recorded in Map Book 8,Page 33,in the office of the County Recorder of Pinal County,Florence,Arizona; Lots No.451 through 454 of Unit 4 of the Palm Springs Subdivision now in the city of Apache Junction,county of Pinal,state of Arizona,as per maps recorded in Map Book 9, Page 38,in the office of the County Recorder of Pinal County, Florence,Arizona; Lots No.6 through 16,27 through 32,45 through 68 of Unit 7 of the Palm Springs Subdivision now in the city of Apache Junction,county of Pinal,state of Arizona,as per maps re- corded in Map Book 13,Page 51,in the office of the County Recorder of Pinal County, Florence,Arizona, be and hereby is changed from CR-3 Single Residence Zone to CR-3/PD Single Residence Zone by Planned Development. 2.The zoning district classification on the Apache Junction,Arizona,Zoning Map for the property described as: Lots No.1 through 5,17 through 26,33 through 44 of Unit 7 of the Palm Springs Subdivision now in the city of Apache Junction,county of Pinal,state of Arizona,as per maps re- corded in Map Book 13,Page 51,in the office of the County Recorder of Pinal County,Florence,Arizona, be and hereby is changed from CR-5 Multiple Residence Zone to CR-5/PD Multiple Residence Zone by Planned Development. 3.The requirements and provisions set forth by this ordinance shall supple- ment those requirements and provisions as set forth in the Apache Junction, Arizona,Zoning Ordinance to the extent provisions and requirements herein conflicting with other provisions in the Zoning Ordinance,these provisions shall prevail. Ordinance No.94 Page Two of Five 4.The documentation required by Section 33.04 of the Zoning Ordinance shall be waived as per Section 33.10.1(b). 5.In that the area is an existing subdivision previously approved by Pinal County,Arizona,the "Development Standards"as set forth in Section 33.05 are waived;EXCEPT as may be otherwise provided herein. 6.As per Section 33.07.3,the City Council does hereby waive the underground utility requirement to the degree that any new construction in areas al- ready served by overhead utilities may continue to be so served.However, future utilities where there are no overhead utilities shall be placed underground. SECTION I I GENERAL REGULATIONS 1.Applicability a.These provisions shall apply to all lots in these planned development zoning district areas. 2.Types' of Structures All structures on the lots in this planned development area shall be of new construction and no buildings shall be moved from any other location onto any of these lots.Modular and pre -fabricated buildings shall not be erected on these lots. 3.Maximum Building Height One story or seventeen feet,whichever is less. 4.Fences and Hedges No wall,fence,or hedge over three (3)feet in height shall be constructed or maintained from the front street line for a distance at least equal to the front yard setback area.For those lots on which residential structures exist or are under construction at the time of adoption of this ordinance, no wall,fence,or hedge over three (3)feet in height shall be constructed or maintained nearer to the front street line than the front walls of the building erected on such lot or the front yard setback,whichever is less. 5.Subdivision of Lots None of these lots covered by this ordinance shall be resubdivided into smaller lots nor conveyed in less than the full original dimension of such lots as shown on the recorded plats of such lots. 6.Exterior Building Lighting No lighting fixtures will be erected at a height greater than two (2)feet below the peak building roof line.All exterior lights shall be shielded and directed in a manner so as to illuminate the owner's building and yard. 7.Accessory Buildings a.No accessory building shall be constructed upon a lot until the construction of the main building has commenced. b.Accessory buildings shall not exceed a height of fifteen (15)feet. 8.Parking Requirements In addition to the parking requirements of Article XXI of the City of Apache Junction,Arizona,Zoning Ordinance,the following shall apply: Ordinance No.94 Page Three of Five a.No commercial vehicles over one (1)ton,or self-contained slide -on campers shall be parked overnight in any front yard.A motor home .or travel trailer may be parked in a front yard on paved driveways. b.For single family dwellings,the driveways and parking spaces shall be paved With either asphaltic concrete or cement. c.For multiple family dwellings,the driveways and parking spaces shall be paved with either asphaltic concrete or cement. SECTION III CR-3/PD SINGLE RESIDENCE ZONE BY PLANNED DEVELOPMENT REGULATIONS In addition to the requirements and provisions of Section I and Section I I of this ordinance,the following shall apply to those areas in the CR-3/PD Single Residence Zone by Planned Development: 1.Uses Permitted: a.One single family dwelling per lot;or b.Public Park,and c.Agriculture and horticulture,floral and vegetable gardening,nursery or greenhouse used only for propagation and culture,and not for retail sale;and d.Home occupation conducted only from the main dwelling on the premises; provided the home occupation does not cover more than 25 percent of the dwelling area. e.A trailer for not more than ninety (90)days during construction of a permitted use on the same premises,which period may be extended for an additional period of ninety (90)days by the Zoning Administrator upon written request of the applicant. f .No livestock or poultry of any kind shall be kept on any of the lots in the Palm Springs Planned Development Area. 2.Minimum Dwelling Livable Area: No dwelling shall be constructed which contains less than the minimum square feet of livable floor area for those portions of Units 2,3,4, and 7 of the Palm Springs Subdivision zoned CR-3/PD Single Residence Zone by Planned Development as specified below.No part of a building either Attached or not,that is used for a garage,carport,porch,or patio shall be counted in meeting the minimum floor area requirements. PALM SPRINGS SUBDIVISION Unit Number 2 3,4,7 3.Minimum Yard Requirements:(in feet) a.Front Yard: b.Side Yards: MINIMUM FLOOR AREA REQUIREMENTS Area Requirements 1,600 square feet 1,200 square feet Unit 2 Units 3 &4 Unit 7 -25 25 25 10 10 7 Side Yards on a Corner Lot:18 18 18 (for that side yard adjacent to the street) c.Rear Yard:25 25 25 Rear Yard on a Corner Lot:10 10 10 Ordinance No.94 Page Four of Five SECTION IV CR-5/PD MULTIPLE RESIDENCE ZONE BY PLANNED DEVELOPMENT REGULATIONS In addition to the *visions and requirements of Section I and Section I I of this ordinance,the following shall apply to those portions of Unit 7 of the Palm Springs Subdivision zoned CR-5/PD Multiple Residence Zone by Planned Development: 1.Uses Permitted: a.Single family dwelling;or b.Multiple family dwelling;or c.Public park,and d.Agriculture and horticulture,floral and vegetable gardening,nursery or greenhouse used only for propogation and culture and not for retail sale;and e.Home occupation conducted only from the main dwelling on the premises; provided the home occupation does not cover more than 25 percent of the dwelling area. f .A trailer for not more than ninety (90)days during construction of a permitted use on the same premises,which period may be extended for an additional period of ninety (90)days by the Zoning Administrator upon written request of the applicant. g.No livestock or poultry of any kind shall be kept on any of the lots in the Palm Springs Planned Development Area.. 2.Minimum Dwelling Livable Area No dwelling,exclusive of multiple family units,shall be constructed in that portion of Unit 7 of the Palm Springs Subdivision zoned CR-5/PD Multiple Residence Zone by Planned Development which contains less than 1,200 square feet of livable floor area.No part of a building,either attached or unattached,that is used for a garage,carport,porch,or patio shall be counted in meeting the minimum floor area requirements. 3.One multiple family dwelling may be permitted per each 2,000 square feet of lot area. 4.Minimum Yard Requirements:(in feet) a.Front Yard:25 b.Side Yards:7 Side Yards on a Corner Lot:18 (for that side yard adjacent to the street) c.Rear Yard:25 Rear Yard on a Corner Lot:10 SECTION V PRELIMINARY AND FINAL STAGE APPROVAL GRANTED The approval of this ordinance grants preliminary and final stage approval for the Planned Development in that no future improvements would be required as a condition precedent to final approval. SECTION VI 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 re- pealed. Ordinance No.94 Page Five of Five SECTION VII PROVIDING FOR SEVERABILITY If any section,sub -section,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 valid- ity of the remaining portions thereof. SECTION VIII PENALTY CLAUSE Any person found guilty of violating any provisions of this ordinance shall be punished by a fine not to exceed $1,000 or imprisonment for a period not to exceed six (6)months,or by both such fine and imprisonment.Each day that a violation continues shall be a separate offense punishable as herein- above described. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 16TH DAY OF FEBRUARY ,1 2. ATTEST: v Clerkaty Clerk APPROVED AS TO FORM: cx ILT2 Lu2 L.) PZ-4-81 (COMMISSION INITIATIVE) PROPOSED ORDINANCE NO, 94 E.DESERT VE UNIT 3 = c 114:1 1 CR-3 '-6.1111101M mums-1mm (-) CR-5 1V4 1111111 'T CR-S CR-3 \_... .=' \7 PROPOSED REZONING FROM CR-3 TO CR-3/PD AND FROM CR-5 TO CR-S/PD CR-3 0 1111111111111111111111111.11111111---p unnmn AVFIIM11114,/•• • E.HONDO AVE. SCALE 0 400 CR-3 _J 800 FEET CR-3 :•1 :A _ • 1 P . Lci >(:3 M E M =la."1.10i1Miill io 1 _..1.tt CD• CC. F . —. —J c:t .. [-- 4VAJO All F. 1 OSAGE AVE. r