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HomeMy WebLinkAboutORD145ORDINANCE NO.145 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 MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-3-82 FOR THOSE CERTAIN AREAS DESCRIBED HEREIN FROM CR-3 SINGLE RESIDENCE ZONE TO CR-3/PD SINGLE RESIDENCE ZONE BY PLANNED DEVELOPMENT;ESTAB- LISHING 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: Sierra Entrada Garden Homes,Unit 1,a subdivision of a part of the Southwest i of the Southeast A,less the east 50 feet and part of the south 52 feet of the Northwest A of the Southeast A,less the east 50 feet of Section 20, Township 1 North,Range 8 East,of the Gila and Salt River Base and Meridian,now in the city of Apache Junction, county of Pinal,state of Arizona,as per maps recorded in Map Book 19,Page 21,Map Drawer 4,Map No.21,in the office of the county Recorder of Pinal County,Florence, Arizona; Sierra Entrada Garden Homes,Unit 2,a subdivision of a part of the Southwest k of the Southeast i of Section 20, Township 1 North,Range 8 East,of the Gila and Salt River Base and Meridian,now in the city of Apache Junction, county of Pinal,state of Arizona,as per maps recorded in Map Book 19,Page 38,Map Drawer 4,Map No.38,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 requirements and provisions set forth by this ordinance shall supplement 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 pro- visions shall prevail. 3.The documentation required by Section 33.04 of the zoning ordinance shall be waived per Section 33.10.1(b). 4.In that the area is an existing subdivision previously approved by Pinal County,Arizona,the "Development Stan- dards"as set forth in Section 33.06 are waived;EXCEPT- as may be otherwise provided herein or required by regu- lations normally found in the base district. ORDINANCE NO.145 PAGE TWO SECTION I I GENERAL REGULATIONS 1.Applicability These Provisions shall apply to all lots in the planned development district,EXCEPT Tracts "A,""B,""C,""D." 2.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 prefabricated buildings shall not be erected on these lots. 3.Uses Permitted a.One (1)single family dwelling per lot.No detached garage or other building whatsoever shall be erected on any residential lot in the planned development area until construction of a dwelling has been commenced or completed. b.Private garage or carport for not more than three (3) cars. c.No animals,livestock,fish,or birds of any kind shall be raised or kept on any of the lots in the planned development area except that animals commonly accepted as household pets may be kept as such and in a reasonable number and manner. d.Use of lots in the planned development area for model home and/or construction yard purposes for the building of homes in the planned development area;provided, however,such use shall not extend beyond the completion of construction on all lots. 4.Uses Prohibited a.No public,private,or parochial school or church shall be permitted in the planned development area. b.No business of any kind or character shall be con- ducted in or from any residence or residential lot in the planned development area. c.No horses,cows,sheep,goats,poultry,rabbits, or swine shall be kept on any lot in the planned development area. d.No structure shall be erected or placed on any resi- dential lot in the planned development area except those permitted by Section I I (3)of this ordinance. 5.Exterior Finish of Structures The surface area of any exterior wall of all structures on any residential lot in the planned development area shall be not less than fifty percent (50%)masonry,brick,or stucco finish. 6.Fences All fences and walls enclosing yards,excluding structural walls on the zero lot line,if any,shall be of masonry con- struction and shall not be over six feet (6')in height from adjacent grade,except that any front yard fence or wall shall not be over two feet (2')in height. ORDINANCE NO.145 PAGE THREE 7.Minimum Dwelling Livable Area No dwelling shall be constructed which contains less than one thousand (1,000)square feet of livable floor area.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. 8.Minimum Lot Area Minimum lot area for residential lots in the planned development area shall not be less than that as shown on the approved and recorded subdivision plats for Sierra Entrada Garden Homes,Units 1 and 2. 9.Minimum Yard Requirements a.Minimum front yard:Twenty feet (20'),EXCEPT that for any lot fronting or abutting a turn -around at the end of a cul-de-sac,or a similar increased radii of the street property line at the angle in a street,the minimum front yard shall be ten feet (10'). b.Minimum rear yard:Twelve feet (12') c.Minimum side yard:Five feet (5'),or zero setback from the side lot line for a single family dwelling structural wall may be permitted under the following conditions: 1)There exists no other structural wall on said lot line or within five feet (5')of said lot line on the lot adjoining and contiguous to the lot line. 2)There is shown on the official recorded plat for the planned development area a three foot (3')easement upon and over the lot immediately adjoining and contiguous to the lot line upon which the structural wall is to be located. 3)The side yard setback for the side yard opposite the side lot line upon which a structural wall is erected shall be ten feet (10'). 4)No side yard adjacent to a street shall be less than five feet (5'). 5)As to any single family residential lot in the planned develop- ment area upon which there is a structural wall erected upon the lot line,there hereby is created an easement upon and over the lot immediately adjoining and contiguous with such structural wall erected on the side lot line,the width of which easement shall be three feet (3')and the length of which easement shall be parallel to such structural wall erected on the lot line and shall run the full length of such structural wall and shall extend three feet (3')beyond the end thereof nearest the front lot line.The lot upon which the easement is created is designated as the "servient tene- ment"to and for the benefit of the lot immediately adjoining and contiguous with the easement area which shall be desig- nated the "dominant tenement." 6)I f a wall is located on a -lot line,no projections shall be made except for eaves and cornices which shall not extend more than three feet (3')from the wall lines. ORDINANCE NO.145 PAGE FOUR 7)Within the three foot (3')easement area,there is hereby created an additional easement in order to cause,allow, suffer,and permit the encroachment of footings onto the servient tenement within the easement area. 8)Use,rights,obligations,privileges,and settlement of disputes arising between the dominant and servient tene- ments over the use of said easements shall be in accordance with the provisions of the Amended Declaration of Covenants, Conditions,and Restrictions for Sierra Entrada Garden Homes, Units 1 and 2,as recorded in Docket 1074,Pages 830 through 848,in the office of the County Recorder of Pinal County, Florence,Arizona. 10.Inoperable Vehicles Any vehicle of any type which is inoperable shall be stored or kept only in an area which is screened from view from any point exterior to the lot. 11.Antennas No antennas for television or radio shall be erected to a height exceeding six feet (6')above the highest point of the dwelling's roof. 12.Parking Requirements a.The parking and loading requirements herein shall be in addition to those requirements as set forth in Article XXI of the Apache Junction,Arizona,Zoning Ordinance. b.No house trailers,travel trailers,campers,boats,or trailers of any kind or description shall be parked,stored,or placed on any lot in the planned development area on a permanent basis or for a period exceeding seven (7)consecutive days,unless screened from view from any point exterior to the lot. SECTION III PRELIMINARY AND FINAL STAGE APPROVAL Approval of this ordinance does not release the subdivision developer of record,its assigns,or successors from completing required improve- ments in accordance with plans approved by Pinal County,Arizona,and applicable requirements imposed by ordinances of the city of Apache Junction.Applicable requirements include,but are not limited to: 1.Construction of full -width paving,curb and gutter,sidewalk,and drainage for the north one-half of Broadway Avenue along the frontage of the subdivision. 2.Four -foot (4')wide concrete sidewalks throughout the planned develo- ment area. 3.Completion of the sewage treatment facility to the latest requirements of the Arizona Department of Health Services and the city of Apache Junction. 4.Cleaning and sealing of all pavement in the planned development area. SECTION IV REPEAL OF CONFLICTING PROVISIONS 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 NO.145 PAGE FIVE SECTION V PROVIDING FOR SEVERABILITY I f 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. SECTION VI PENALTY CLAUSE Any person found guilty of violating any provision of this ordinance shall be punished by a fine not to exceed $1,000 or by 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 hereinabove described. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 17th DAY OF August ,1982. ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: 'LAkc. David Alexande City Attorney Wendell J.Clar, Mayor CR-3 DRAINAGEWAY25'fl/W CR-5 PZ-3-82 (SIERRA ENTRADA) PROPOSED ORDINANCE NO.145 13 CB -2 all=1171171 REQUESTED REZONING FROM CR-3 (SINGLE RESIDENCE) TO CR-3/PD (SINGLE RESI- DENCE BY PLANNED DEVELOP- MENT) r--REZONING BOUNDARY —WEST 4th AVENUE'a S 5t 11 • • LtJ 1--I TRACT C ,I 'V g i t LJJ LiR J eL NUL RACT A CT 16,0 80' GR RIC -3 WEST BROADWAY AVENUE 50' TRACT D TH I GR I TH SCALE JO bUb FEET