HomeMy WebLinkAboutORD1188ORDINANCE NO.1188
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT
MAJOR AMENDMENT,CASE PZ-8-03.A REQUEST BY BRENT PAUSTIAN
OF SUNSCAPE DEVELOPMENT INC.,ON BEHALF OF MELVIN MARTIN,
TO AMEND THE PLAN OF DEVELOPMENT FOR THE CR-3/PD ZONED
SIERRA ENTRADA GARDEN HOMES SUBDIVISION.TO ALLOW THE
RE -DESIGNATION AND RE -USE OF TRACT -C-,FROM A FORMER
SEPTIC POND AREA TO A FIFTEEN (15) -LOT NEW RESIDENTIAL
UNIT.LOCATED ±330 FEET WEST OF THE INTERSECTION OF SIERRA
VISTA DRIVE AND PHELPS DRIVE ON THE SOUTH SIDE,BY AMENDING
ORDINANCE NO.145:REPEALING ANY CONFLICTING PROVISIONS:
AND PROVIDING FOR SEVERABILITY.
WHEREAS,the Mayor and City Council of the City of Apache
Junction,Arizona,on August 17,1982,passed and adopted Ordinance No.
145.amending the Apache Junction,Arizona.Zoning Ordinance,by
amending the Zoning District Map,City of Apache Junction,Arizona,
changing the zoning classification in rezoning case PZ-3-82 from CR-3
(Single Family Residence Zone)to CR-3/PD (Single Family Residence Zone
by Planned Development):and
WHEREAS,the Mayor and City Council of the City of Apache
Junction,Arizona,on January 6.1998.passed and adopted Ordinance No.
1019.amending the plan of development by reclassifying Tract "B"
Sierra Entrada Garden Homes,Unit Two,for the purpose of developing an
eight (8) -lot residential subdivision as described in case PZ-18-97:
and
WHEREAS.on September 23.2003.the Apache Junction Planning and
Zoning Commission voted 5-2 to recommend denial of the Planned
Development Major Amendment request.Case PZ-8-03:and
WHEREAS.the Staff's recommendation contained conditions which
the Mayor and City Council hereby determines to provide greater
flexibility in land use and encourages a more creative design
compatible with existing and proposed land uses in the vicinity of the
property in question:and
ORDINANCE NO 1188
PAGE 1 OF 5
WHEREAS,the proposed Major Amendment subject to the conditions
set forth herein enables the use and integration of contemporary land
planning principles in such a manner to promote its most appropriate
use,and further allows diversification in the relationship of various
uses,structures,and spaces.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION.ARIZONA,AS FOLLOWS:
SECTION I:IN GENERAL
That the conditions of approval of Ordinance No.145 be amended for the
purpose of approving a Planned Development Major Amendment to re-
designate Tract "C".Sierra Entrada Garden Homes Subdivision,Unit Two,
for the development of a fifteen (15) -lot residential subdivision as
described herein and in case file PZ-8-03 for the property legally
described as follows:
Tract "C",Sierra Entrada Garden Homes Subdivision,Unit Two,according
to the plat of record in the Office of the Pinal County Recorder,Book
19,Page 38.also known as Pinal County Assessor Parcel Number 101-28-
142.
The conditions of approval contained herein shall become applicable to
this development.
1.The text contained in Ordinance No.145 shall be amended to read
as follows:
Section II:General Regulations
1.)These provisions apply to all lots in the
planned development district.EXCEPT Tracts "A"
and -D".
6.)All fences and walls enclosing yards shall be
of masonry construction and shall not be over
six feet (6')in height from adjacent grade,
except that any front yard or fence wall shall
not be over two feet (2')in height.
ORDINANCE NO.1188
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7.)No dwelling shall have a livable floor area of
less than 1300 square feet.
9.)(Deleted)
11.)(Deleted)
Section III:(Deleted in its entirety)
Furthermore,the General Development Regulations contained in Ordinance
No.145 pertaining only to this development shall be amended and
supplemented as follows:
2.The final Planned Development plan and future subdivision plat
shall substantially conform 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,and landscape concept plan,except as
otherwise conditioned herein.
3.As part of the final improvement plans for the development,the
applicants shall submit a landscape plan in accordance with the
Apache Junction City Code,Volume II,Land Development Code,
Chapter 6,Article 6-1,Landscape and Screening Requirements,
and Amendments thereto,and as allowed or required under this
Planned Development Major Amendment to include,but not
necessarily be limited to:•
A.Above ground utility or electric lines adjacent to
the development along Broadway Avenue shall not be
relocated under ground.
B.The installation of shrubs at a rate of no less than
one planting per ten linear feet to be located in the
five foot strip located between Sierra Vista Drive
and the rear lot line of proposed lots 13,14,and
15.
C.The exterior walls of the subdivision along Sierra
Vista Drive shall be stuccoed.Furthermore,the
entire exterior Sierra Entrada subdivision southern
ORDINANCE NO.1188
PAGE 3 OF 5
wall along Broadway Avenue to Phelps Drive shall be
stuccoed except where view fencing is provided on the
southern and western edge of the retention basin.
D.The City's Landscaping and Screening requirements as
outlined in Ordinance No.940 and amendments thereto,
shall be partially applied,insofar as number of
required trees,shrubs,and either turf or decomposed
granite in the front yard of all proposed lots in the
development.Furthermore,the entire exterior of the
Sierra Entrada subdivision along Broadway Avenue to
Phelps Drive shall be landscaped.
4.Any development on the site shall require the developers to
dedicate and improve to the City Engineer's standards,any
necessary rights -of -way,both internal and external to the site.
Said improvements may include,but are not necessarily limited to,
the provision of curbs,gutters.sidewalks,driveways,streetlights
along Broadway Avenue and retention basins,excluding the
installation of street lights along Sierra Vista Drive and the
interior street of the development.
5.All construction shall be done in compliance with all applicable
City codes,policies,guides.standards and ordinances,including
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),except as otherwise conditioned herein.
6.The property shall be substantially developed within 24 months of
the Planned Development plan approval.or the plan may be subject
to reversion by City Council legislative action pursuant to the
Apache Junction City Code,Volume II,Land Development Code,
Chapter 1 Zoning Ordinance.Article 19 Planned Development Zoning
District,Section 19.0111.4.
7.All applicable development fees shall be paid prior to the issuance
of building permits.
ORDINANCE NO.1188
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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,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.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THIS 21ST DAY OF OCTOBER ,2003.
SIGNED AND ATTESTED TO THIS 21ST
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
G O I -2 o —o 4
RICHARD JOEL STERN
City Attorney
ORDINANCE NO.1188
PAGE 5 OF 5
DAY OF JANUARY .2004.
A
DOUGLAS CtLEMAN
Mayor