HomeMy WebLinkAboutORD1183ORDINANCE NO.1183
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 IN REZONING CASE PZ-3-03 FROM CB -2
(GENERAL BUSINESS ZONE)TO CR-4/PD (MULTIPLE FAMILY RESIDENCE
ZONE BY PLANNED DEVELOPMENT);REPEALING ANY CONFLICTING
PROVISIONS;AND PROVIDING FOR SEVERABILITY.
WHEREAS,the proposed rezoning,subject to the conditions set
forth herein,enables the use and integration of contemporary land
planning principles in such a manner as to promote its most appropriate
use,and further,allows diversification in the relationship of the
various uses,structures and spaces;and
WHEREAS,on July 22,2003,the Apache Junction Planning and
Zoning Commission voted 4-2 to recommend approval of the request for
rezoning case PZ-3-03 to change the zoning district classification from
CB -2 to CR-4/PD.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS:
SECTION I:IN GENERAL
The zoning district classification on the Zoning District Map,City of
Apache Junction,Arizona,for the parcels of land legally described as:
The North half of the Northwest quarter of the Southeast
quarter of the Southwest quarter of the Southeast quarter
of Section 27,Township 1 North,Range 8 East of the Gila
and Salt River Base and Meridian,Pinal County,Arizona:
EXCEPT the West 33.00 feet thereof.
AND
ORDINANCE NO.1183
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The South half of the Northwest quarter of the Southeast
quarter of the Southwest quarter of the Southeast quarter
of Section 27,Township 1 North,Range 8 East of the Gila
and Salt River Base and Meridian,Pinal County,Arizona:
EXCEPT the West 33.00 feet thereof.
AND
The North half of the Southwest quarter of the Southeast
quarter of the Southwest quarter of the Southeast quarter
of Section 27.Township 1 North,Range 8 East of the Gila
and Salt River Base and Meridian,Pinal County,Arizona:
EXCEPT the West 33.00 feet thereof.
AND
The South half of the Southwest quarter of the Southeast
quarter of the Southwest quarter of the Southeast quarter
of Section 27,Township 1 North,Range 8 East of the Gila
and Salt River Base and Meridian.Pinal County,Arizona:
EXCEPT the West 33.00 and South 50.00 feet thereof:
be and is hereby amended from CB -2 (General Business Zone)to CR-4/PD
(Multiple Family Residential Zone by Planned Development),subject to
the following conditions of rezoning:
1)The final Planned Development plan and future subdivision plans
shall conform substantially with the submitted and approved
preliminary Planned Development concept plan including,but not
limited to,such items as setbacks,lot and street layout,open
space configuration,recreational amenities,landscape concept,
and a minimum of three model types.except as otherwise
conditioned herein.
2)The final Planned Development plan shall exceed the minimum
required landscaping.usable open -space and play stations,to be
determined by the City's Parks and Recreation Department.
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3)The final Planned Development plan shall comply with the
provisions of the Apache Junction City Code.Volume II,Land
Development Code,Chapter 1.Zoning Ordinance,Article 19 Planned
Development Zoning District minimum requirements for open space
relative to density.
4)The property owners shall improve to the City Engineer's
standards any necessary portions of right-of-way abutting the
site.Said improvements may include,but not necessarily be
limited to,the provision of curbs,gutters,sidewalks,
driveways,streetlights,and retention basins.
5)The property shall be developed within 24 months of rezoning
approval or else the zoning may be subject to reversion to its
former classification by City Council legislative action pursuant
to Arizona Revised Statutes Annotated ("A.R.S.")§9-462.01.
6)Within one year of preliminary Planned Development plan approval,
the applicants shall submit for formal review,a preliminary
subdivision plat for the proposed development.
7)In the centralized usable open -space of the development,the
Developer shall provide a tot -lot with play equipment (Playground
Systems Model #350-0006 or approved equivalent),ramada with park
bench and table with barbeque grill.Furthermore,in the
centralized open space the Developer shall provide a pool.
8)The end -cap units located on the interior island shall be
mirrored and rotated to provide east to west unit driveway
access.
9)Any use or development of said property may be conditioned upon
the provision of public improvements,a decorative masonry
perimeter wall,and landscaping in accordance with the provisions
of the Apache Junction City Code,Volume II,Land Development
Code,Chapter 1,Zoning Ordinance,Article 19 Planned Development
Zoning District.The provisions of the Uniform Building Code and
all other city codes,policies,guides,and standards shall apply
and control all design and construction of improvements.
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10)All construction shall be completed in compliance with all
applicable codes and ordinances,icicluding the City of Apache
Junction Zoning Ordinance,the Uniform Building Code,and the
Uniform Fire Code (including,but not limited to,the provision
of sufficient fire apparatus access roads,the marking of fire
lanes,and the provision of adequate water supplies,sprinkler
systems and fire hydrants).
11)Upon the formation of a Homeowners Association,said Homeowners
Association will provide the City of Apache Junction with a
complete and accurate copy of the accepted Codes.Covenants and
Restrictions adopted by such Homeowners Association.
12)All applicable development fees shall be paid prior to the
issuance of building permits.
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 COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THIS 1 DAY OF SFPTFMRFR6TH ,2003.
SIGNED AND ATTESTED TO THIS 9TH DAY OF DECEMBER-,2003.
DOUGLAS /OLEMAN
Mayor
ORDINANCE NO.1183
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ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
11.26.63
RICHARD JOEL STERN
City Attorney
ORDINANCE NO.1183
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