HomeMy WebLinkAboutORD1197ORDINANCE NO.1197
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION.ARIZONA,AMENDING THE APACHE JUNCTION CITY
CODE,VOLUME II,LAND DEVELOPMENT CODE.CHAPTER 6,ARTICLE
6-1,LANDSCAPING AND SCREENING REQUIREMENTS.SECTION 6-1-6.
SITE ORGANIZATION AND DEVELOPMENT:REPEALING ANY
CONFLICTING PROVISIONS.AND PROVIDING FOR SEVERABILITY.
WHEREAS,on February 20.1996.the Mayor and City Council passed
and adopted Ordinance No.940.which enacted Landscaping and Screening
Requirements for the .City of Apache Junction.These new rules
established minimum standards for the creative design and installation
of landscaping,walls and other screening devices to promote the
general health,safety and welfare of the community:and
WHEREAS,Ordinance No.1095,passed and adopted by the Mayor and
City Council in July 1999,expanded the applicability of the
Landscaping and Screening Requirements to Single Family Dwelling
subdivisions,mobile and manufactured home and recreational vehicle
subdivision and parks in addition to all .commercial.retail,office.
industrial and multi -family uses and zones:and
WHEREAS,Ordinance No.1097.passed and adopted by the Mayor and
City Council in August 1999.added to the rules a new paragraph
requiring two-thirds of the exterior surface of all buildings in
commercial and industrial zones be covered by non -galvanized metal
surfaces,with at least one-third of the area of each exterior
elevation to include supplementary building materials:and •
WHEREAS.Ordinance No.1151.passed and adopted .by the Mayor and
City Council in July 2001.revised the two -third percent requirement
set forth in Ordinance No.1097 to seventy-five percent coverage:and
WHEREAS.at the January 2004 Joint Planning and Zoning
Commission/City Council work session,staff was requested to prepare an
amendment to the current under -grounding of utilities regulations set
forth in Section 6-176 of the Landscaping and Screening Requirements:
and
ORDINANCE NO.1197
Page 1 of 4
WHEREAS.in March 2004.a representative of Salt River Project
Agricultural District advised the Planning and Zoning Commission of the
undergrounding costs for varying voltage lines.In addition,staff
presented the Mayor and City Council a comparison of how other
municipalities handle undergrounding of utilities:and
WHEREAS,i t is the intent of the Mayor and City Council to
aesthetically enhance all single-family dwelling subdivisions,mobile
and manufactured home and recreational vehicle subdivisions and parks.
commercial_retail,office,industrial.,and multiple family uses and
zones:and
WHEREAS:. :Thamend-0-)g 0 e current undergrounding regulations will
enhance'aesthetics and increase property values by retaining
unobstructeckmountajn ta.s.
THEREFORE.BE 11 ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION,ARI/ONA,THAT:
SECTION I.IN GENERAL
A)The Apache Junction City Code,Volume II.Land Development
Code.Chapter 6,Article 6-1.Landscaping and Screening
Requirements,Section 6-1-6,Site Organization and
Development,(C)(4)Miscellaneous Design Standards,
relating to undergrounding of utility lines,be deleted in
its entirety.
B)The Apache Junction City Code.Volume II.Land Development
Code,Chapter 6,Article 6-1,Landscaping and Screening
Requirements.Section 6-1-6.Site Organization and
Development,be amended,by adding a new paragraph (D)
Under -grounding of Overhead Utility Lines,to read as
follows:
D.Under -grounding of Overhead Utility Lines
1)All new or existing utility lines for both on-
site and right-of-way/easement locations shall
be placed .underground.This requirement shall
apply to all primary,secondary and service
utility lines including electrical transmission
lines of 12 kilovolt ("kv")or less in capacity
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and lines for communication,entertainment,and
information transmission purposes.
2)The provisions of this section shall not apply
to developments with one hundred feet (100')or
less of street frontage..
3)The Mayor and .City Council upon appeal by a
property developer or owner,pursuant to
Section 6-1-7 of .this Article.may waive or
modify the requirements of this Section i f the
strict enforcement of this article would
constitute an undue hardship on the developer
and minimal benefits would accrue to the City.
The Council's decision shall include,but not
be limited to.review and analysis of the
following factors:
A.The extent of existing overhead lines and
poles in the immediate area of the
project.
B.The crossing of such lines over heavily
traveled highways or streets.
The practicality and feasibility of
underground installations with regard for
the comparative costs between underground
and overhead installations:however,a
mere.showing that an underground
installation is more costly than overhead
installation shall not be the sole
criteria for granting a waiver.
SECTION II.REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
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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.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL. OF THE CITY OF APACHE
JUNCTION.ARIZONA.THIS 1sT DAY OF JIINF .2004.
SIGNED AND ATTESTED TO THIS 1ST
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
czg. 1-23-04
R. JOEL STERN
City Attorney
'ORDINANCE NO.1197
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DAY OF JOE _,go04.
,(DO.UGLAS4OLEMAN
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