HomeMy WebLinkAboutORD267ORDINANCE NO.267
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,AMENDING "THE CODE OF THE CITY OF APACHE JUNCTION,ARIZONA,
VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,"BY AMENDING
"ARTICLE XXXIII,SECTION 33.00 PLANNED DEVELOPMENT ZONING DISTRICT";
REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THAT:
SECTION I IN GENERAL
"The Code of the City of Apache Junction,Arizona,Volume II,Land Develop-
ment Code,Chapter 1,Zoning Ordinance,"shall be amended by amending
"Article XXXIII,Section 33.00 Planned Development Zoning District"to
read as follows:
ARTICLE 33
SECTION 33.00 PLANNED DEVELOPMENT ZONING DISTRICT
SECTION 33.01
SECTION 33.02
SECTION 33.03
SECTION 33.04
SECTION 33.05
SECTION 33.06
SECTION 33.07
SECTION 33.08
SECTION 33.09
SECTION 33.10
SECTION 33.11
INTENTION AND PURPOSE
PERMITTED USES
PROCEDURE
DOCUMENTATION CONTENT REQUIRED
STAGING (RESERVED)
DEVELOPMENT STANDARDS
DEDICATION AND MAINTENANCE OF FACILITIES
MIXED LAND USES (RESERVED)
GENERAL CRITERIA
CONVERSIONS OF PRE-EXISTING DEVELOPMENTS TO
PLANNED DEVELOPMENTS
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 patterns and regulations
of conventional zoning.I t 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 combina-
tion of different dwelling types and/or a variety of land uses which
complement each other and which are compatible with existing and proposed
land uses in the vicinity.Therefore,i t is intended to enable the
use and integration of contemporary land planning principles in such
a manner as to promote its most appropriate uses;to allow diversification
in the relationship of various uses,structures,and spaces;to facilitate
the adequate and economical provisions of streets and utilities;to
preserve the natural green spaces;to counteract the effects of urban
congestion and monotony while providing the environmental amenities;
and provide the unified control of development of land.
I t is further the intent to insure substantial compliance with
the General 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.
ORDINANCE NO.267
PAGE TWO OF NINE
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 City Council.
2.Upon the approval of the City 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,rearranged,or altered according to the standards and
regulations as provided in this Article.
3.Any use applied for and not specifically listed in this Zoning
Ordinance,i f approved by the City Council,shall be designated to
the base district for which the use,when applied,would most resemble.
4.By "base district"this Article means any conventional zoning district(s)
as approved by the City Council for a particular area.Normally,the
base district(s)will be those existing or compatible 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 PD approval consisting of Step One:Base Zoning;Step Two:Preliminary
Approval;and Step Three:Final Approval.Each step is outlined below.
1.General Procedure
a.Application for a Planned Development Zoning District (PD)
shall be filed in writing on the form required for amending
the Zoning Map.
No application shall be accepted unless i t is complete and is
verified as to the correctness of the information given by
the signature of the applicant attesting thereof.
The applicant,or designated representative,is requested to
be present at meetings or hearings on their application.
b.The proposed PD shall be in one ownership or control,or the
subject of a joint application by the owners of all the property
included.
c.At the time of filing,a fee shall be due in the amount prescribed
for "Planned Development"on the most current "Schedule •of Filing
Fees"as found in Section 2803 of the Zoning Ordinance.
d.The application shall be accompanied by filing documents and
information as prescribed in this Article and/or as prescribed
by the City.
2.Step One -Base Zoning Application
a.The approval of Step One shall be construed as only concept
approval for the Base Zoning and shall serve as official approval
of the base zoning amendment to the Zoning Map.
b.This process will follow the procedure required for zoning
amendments and shall include public hearings.
3.Step Two -Preliminary Plan
a.The approval of Step Two shall be preliminary plan approval.
At the developer's option,this step can run concurrently with,
but separately from Step One.
ORDINANCE NO.267
PAGE THREE OF NINE
b.Investigation and Reports -The Development Coordinating
Committee (DCC)shall review the preliminary plan to insure
i t meets the requirements of the City and shall make appropriate
recommendations to the City Council.No public hearing will
be required.
c.Council Consideration -Upon the recommendation from the DCC,
the City Council shall review the preliminary plan and may:
1)Approve the preliminary plan;or
2)Approve requiring changes;or
3)Return the plan for revision;or
4)Deny the application;or
5)Refer the application back to the DCC.
d.Approval shall be valid for one (1)year or for the period
given in the approved schedule of development.The developer
may request an extension,not to exceed one (1)year,by formal
request and action by the City Council prior to the date of
expiration of the preliminary approval.
4.Step Three -Final Plan
a.Within one (1)year after the approval of a preliminary plan,
the applicant shall file,with the Building Division,a final
plan for the entire development,or when submission in stages
has been authorized,for the first stage of development.
b.Approval shall require City Council action and will be obtained
through the standard building and 'off -site improvement permit
process when i t can be shown that the proposed project meets
all requirements as set forth with the preliminary plan approval
(Step Two)and technical requirements,subdivision regulations,
and all other conditions are met.No public hearing will be
required.
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 -Base Zoning Application
a.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.
b.A sketch map for a Planned Development shall be submitted to
adequately describe and show the intentions of the developer.
2.Step Two -Preliminary Plan
Provide the required number of site development plans as required
by the Department of Planning showing:
a.Location for vehicle and pedestrian circulation indicating
streets,driveways,sidewalks,topography,structures,
buildings,pedestrian -ways,off-street parking,loading areas,
recreation areas,open space areas,storm water retention
areas,wash locations,adjoining development,major topographical
features,walls,and provisions for fire protection and emergency
vehicle access.
ORDINANCE NO.267
PAGE FOUR OF NINE
b.A tabulation of the land area to be devoted to various
uses including an indication of land to be dedicated for
street,park,school,and other purposes.
c.Preliminary architectural elevations and/or perspectives
necessary to demonstrate the design and character of the
proposed development.
d.Other relevant data and reasonable information as the DCC and
City Council may require including,but not limited to:
drainage reports -computations,preliminary architectural
drawings,sketches or perspective renderings necessary to
demonstrate the design and character of the proposed develop-
ment.
3.Step Three -Final Plan
The information submitted shall be detailed to indicate fully
the ultimate operation and appearance of the development and shall
include the following:
a.A final site plan showing the accurate location of streets,
lots,tracts,rights -of -way,open spaces,structures,
buildings or pads,utility easements,drainage -ways,parking
areas,and retention basins.
b.Improvement plans indicating provisions for site grading,
drainage,water,sewer/septic,street lights,storm water
retention,street paving,curb,sidewalk,electric,telephone,
cable television,fire hydrants,and gas.
c.Comprehensive soil,drainage,and geological reports as
required by the Building Official or the City Engineer.
d.Requirements for subdivision,i f applicable,as set forth
in the Subdivision Ordinance.
SECTION 33.05 STAGING
(Reserved)
SECTION 33.06 DEVELOPMENT STANDARDS
In addition to the regulations normally found in the district,the
following shall apply to the Planned Development Zoning District:
1.Density -The allowable density shall not exceed that as set
forth in the City's General Plan or the base zone(s).
a.Planned Development in more than one district:
I f the Planned Development is in more than one 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.
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 areas,and
landscaping and screening may be located without reference to
lot line,save the boundary lines of the development.
ORDINANCE NO.267
PAGE FIVE OF NINE
When calculating density of a proposed Planned Development,
the total area,including street dedication,shall be included.
b.Reasonable minimum lot sizes or other minimum requirements for
a part,or all of the planned development area may be required
by the City.
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 setback shall violate requirements of the Uniform Building
Code or the Uniform Fire Code.
c.Buildings,walls,and trailer units shall be located in
such a manner so as to avoid a corridor,tunnel,linear,or
barracks -like effect.
d.Increased setbacks -Setbacks greater than those of the
immediately adjacent property may be required:i.e.,where the
intensity of development is greater than that of the adjacent
property.
e.The following criteria shall help govern the degree an applicant
shall be permitted to deviate from the base zoning district
requirements:
1)A better design can be achieved by not applying the
provisions 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.Usable Open Area
There shall be a minimum of twenty percent (20%)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 the character of use and development,but shall not include:
a.Private or public dedicated streets,alleys,and other
rights -of -way.
b.Vehicular drives,parking,loading,and storage areas.
c.Tracts or areas having a dimension of less than twenty feet (20').
4.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 in Article 21 herein.
b.Development standards shall be as required by current City
policy and the following guidelines:
1)Private streets may serve circulation and parking purposes
i f providing adequately for all public sources and
convenience.
ORDINANCE NO.267
PAGE SIX OF NINE
2)A building group may not be so arranged that any temporary
or permanently inhabited building is inaccessible by
emergency vehicles.
3)Driveways and circulation roadways shall be designated
to minimize traffic congestion.
SECTION 33.07 DEDICATION AND MAINTENANCE OF FACILITIES
The City may require as a condition of approval that portions of the
tract under consideration be set aside,improved,conveyed,or dedicated
for the following uses:
1.Streets -That the right-of-way widths as designated on the City's
Street Classification Plan be dedicated for streets and utility
purposes.Such other streets necessary for access or 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 nondedicated 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.
3.Underground Utilities -All electric and telephone facilities,cable,
street light wiring,and other wiring,conduits,and similar utilities
and facilities shall be placed underground by the developer.
4.Recreation Facilities -The City may require that suitable area
for parks or playgrounds be set aside,improved,or permanently
reserved for the public,owners,residents,employees,or patrons
of the development.
SECTION 33.08 MIXED LAND USES
(Reserved)
SECTION 33.09 GENERAL CRITERIA
A Planned Development may be granted only i f i t is found that the develop-
ment conforms to all of the following general criteria.
1.That the location,design,size,and uses are consistent with the
General 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.I f the development plan is found to be in
the public interest,but is in conflict with the General Plan,
amendment of the General Plan shall be approved before approval
may be granted for the Planned Development.
2.That the location,design,and size are such that the development can
be well integrated with its surroundings;is planned and developed
with the intention to harmonize with any existing or proposed develop-
ment 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 can be safely accomodated without
congestion on existing or planned streets.
ORDINANCE NO.267
PAGE SEVEN OF NINE
4.That the location,design,size and uses are such that the residents
or establishments to be accomodated 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 make appropriate provision for the
preservation of the environment,both natural and man-made.
SECTION 33.10 CONVERSIONS OF PRE-EXISTING DEVELOPMENTS TO PLANNED
DEVELOPMENTS
1.The City Council may approve a Planned Development for an area
previously subdivided,in which case said development and any
structure constructed thereon,shall be considered in conformance
with zoning requirements as to lot size,setbacks,and height.
Such an area may include a group of structures either substantially
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.
2.Applicants for conversions of pre-existing developments to Planned
Development District Zoning shall follow the application and
procedures for plan reviews as set forth in this Article,except
that the Department of Planning shall advise the applicant as to
appropriate modifications which might be made in application
requirements.
3.In a pre-existing development,the signatures of 51%of the property
owned by both number and area shall be required to initiate a
Planned Development application for such areas;provided,however,
the Planning Commission may initiate a Planned Development conversion
within a pre-existing development in accordance with the provisions
of this Code.
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 one (1)year after
the date of denial.
2.Adherence to approved plan and modification thereof -The application
shall be bound by the plans,narrative,covenants,conditions,and
restrictions for the developer and his successors in interest,and
by the conditions prescribed for approval of the development.The
approved final plan shall control the issuance of all building
permits,and shall restrict the nature,location,and design of all
uses.Minor changes in final development plans may be approved
by the Building Official i f such changes are consistent with the
purposes and general character of the development plan.All major
changes,modifications,and amendments shall be approved by the City
Council.
3.Revocation for failure to adhere to approved plan or satisfy
conditions of approval -Failure to comply with the approved final
development plan or any prescribed condition of approval shall
constitute a violation of this Article as prescribed in Article 27.
The Commission may,after giving notice,hold a public hearing and
recommend the revocation of a base zoning district to the City
Council,who may consider the recommendation and act in the same
manner as in considering any zoning request.
ORDINANCE NO.267
PAGE EIGHT OF NINE
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 Zoning District Map of the City of Apache
Junction,Arizona,by the City Council,construction specified in
the final development plan has not commenced or cannot be
developed as approved,then the Planned Development shall be recalled
to the City Council for review.I f i t has not been shown that i t
is in the public interest,and i f the applicant has not demonstrated
good cause necessitating the extension of time,the City Council
shall revert the Planned Development designation to the base zone
existing at the time of approval,or any other appropriate designa-
tion.
If,however,the applicant shows good cause necessitating an
extension which would serve the public interest,then the City
Council may grant an extension of time not exceeding one (1)year.
Under such circumstances,the developer will be obligated to update
the final plan and improvements plan to meet current City require-
ments.
5.Transfers and assignments -I f during any stage of the development,
the property under application,or any portion thereof is assigned
to another,then the assignee shall be bound to the requirements
and design of the approved project.
6.Cancellation by applicant -Cancellation may be initiated by the
applicant of the property covered by the application by means of
a written notice.Cancellation of the application shall become
effective thirty (30)days after receipt of the Notice of
Cancellation in the office of the Department of Planning,and shall
cause the reversion of zoning to the original designation.
7.Use of occupancy -No building or structure within the Planned
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 as provided under the provisions
of the Uniform Building code.
8.Planned Development precedents -The approval of departures from
standards ordinarily required for a base district zone,or for
any other PD,shall not be considered as precedent setting when
approved for any Planned Development project.
9.Construction standards/building permit issuance -The provisions of
the Uniform Building Code and all other City codes,policies,
guides,and detailed standards shall apply and control all design
and construction of improvements.
10.Map change -Approval by the City Council of the Base District Zone
in accordance with the procedures and requirements of the Apache
Junction,Zoning Ordinance shall constitute approval of the
necessary amendment of the Zoning District Map of the City of
Apache Junction,Arizona,and the map shall be changed.
11.Termination of a Planned Development after completion -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 of an approved Planned
Development wish to discontinue the Planned Development use upon
completion,including the continuation of the Planned Development
Zoning District designation,the process shall follow the
procedure required for zoning amendments.
ORDINANCE NO.267
PAGE NINE OF NINE
SECTION I I REPEALING ANY 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.
SECTION III PROVIDING FOR SEVERABILITY
I f 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
validity of the remaining portions thereof.
SECTION IV EMERGENCY CLAUSE
I t is necessary for the preservation of the peace,health,and safety of
the City of Apache Junction,Arizona,that this Ordinance become effective
immediately,an emergency is declared to exist,and this Ordinance shall
be effective immediately upon passage and adoption.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THIS 5TH DAY OF JUNE ,19 84
ATTEST:
Z /_
KathleenKathleen Connelly
City Clerk
APPROVED AS TO FORM:
lexa
City Attorney
, A 4 1 ( f ii2 A e lee
Mayor