HomeMy WebLinkAboutORD1196ORDINANCE NO.1196
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF APACHE
JUNCTION,ARIZONA,AMENDING THE CITY OF 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-16-03 FROM CB -1
(LOCAL BUSINESS ZONE)TO CR-4/PD (MULTIPLE FAMILY RESIDENCE
ZONE BY PLANNED DEVELOPMENT):REPEALING ANY CONFLICTING
PROVISIONS:AND PROVIDING FOR SEVERABILITY.
WHEREAS.on February 24,2004,the Apache Junction Planning
and Zoning Commission voted 5 to 2 to recommend approval of the
Planned Development rezoning request,case PZ-16-03:and
WHEREAS.the Commission's recommendation contained conditions
which the 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
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 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
The zoning district classification on the Zoning District Map,City of
Apache Junction,Arizona,for the parcel of land legally described as:
The East half of the Northeast quarter of the Northeast
quarter of the Northwest quarter of Section 29,Township
One North,Range Eight East of the Gila and Salt River Base
and Meridian,Pinal County,Arizona:
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be and is hereby amended from CB -1 (Local Business Zone)to CR-4/PD
(Multiple Family Residence Zone by Planned Development),subject to the
following stipulations:
I)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 building
elevations,except as otherwise conditioned herein.
2)The final Planned Development plan shall exceed the
minimum required landscaping,usable open -space and play
stations,as to be determined by the City's Parks and
Recreation Department.
3)The developer shall provide a pool with a water area of no
less than 600 square feet,two -256 square foot ramadas with
barbeque grill and tot -lot with play equipment and useable
area of no less than 800 square feet.
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,retention basins,etc.
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 the preliminary Planned Development Plan
approval,the applicants shall submit for formal review,a
preliminary subdivision plat for the proposed development.
7)Along the southern and western property line,a decorative
masonry wall,a minimum of eight feet in height as measured
from interior grade level,shall be installed along with a
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minimum ten foot (10')landscape strip,planted with one 24
inch box tree every twenty linear feet.
8)All required trees in street fronting landscape areas shall
be 24 -inch box in size.
9)The developer shall provide one uncovered and one covered
parking space per dwelling unit and an additional 14 to 16
guest parking spaces.
10)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 Article 19 of the Zoning Ordinance.
11)All construction shall be done in compliance with all
applicable codes 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).
12)Upon the formation of an owners association,said owners
association will provide the City of Apache Junction with a
complete and accurate copy of the accepted Codes,Covenants
and Restrictions as part of the preliminary plat submittal.
13)The Developers shall pay all applicable development fees
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,sub -section,sentence,phrase.clause or portion of
this ordinance,or any part of the code adopted herein by reference,is
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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 6TH DAY OF APRIL .2004.
SIGNED AND ATTESTED TO THIS 26TH
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
0426o1
RICHARD JOEL STERN
City Attorney
ORDINANCE NO.1196
PAGE 4 OF 4
DAY OF APRIL ,2004.
DOUGLAS fOLEMAN
Mayor