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HomeMy WebLinkAboutORD1166ORDINANCE NO.1166 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-2-02 FROM GR (GENERAL RURAL)TO CR-3 (SINGLE FAMILY RESIDENCE ZONE/CONVENTIONAL CONSTRUCTION ONLY):REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA THAT: 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 35a.,feet of the North half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 28, Township 1 North,. Rander8'East of the Gila and Salt.River Base and Meridian,.Pinal -County,Arizona: be and hereby is amended from GR (General Rural)to CR-3 (Single Family Residence Zone/Conventional Construction only),subject to the following stipulations: 1)The final plan and future subdivision plats shall conform substantially with the submitted and approved concept plan including,but not limited to,such items, as setbacks,lot and street layout,open space configuration,landscape concept including provisions for individual lot landscaping,and a minimum of three model types. 2)The preliminary and final plat must conform to all requirements of the City of Apache Junction,Land Development Code,Volume II, Chapter 1,Zoning Ordinance,Section 15.0400 (CR-3 Zone), including,but not limited to.a 60 foot minimum lot width and 6 ORDINANCE NO.1166 PAGE 1 of 4 other provisions of the CR-3 Zoning District. 3)The open space,including retention areas and street landscaping, will be perpetually maintained by adjacent property owners,or by the developer,his heirs,successors,assigns.etc..or other acceptable arrangement that legally binds the assuming entity or individuals to open space maintenance.Said open space/retention areas shall not be constructed upon,otherwise obstructed or used in any other manner. 4)The property owners shall dedicate and improve to the City Engineer's standards any necessary rights -of -way internal and external to 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 narrow street fronting side of each lot shall be considered its front yard. '6)The.property shall be developed within 24 months of rezoning ,approval or the zoning may be subject to reversion to its former ' classification by City Council legislative action pursuant to Arizona Revised Statutes Annotated Section 9-462.01. 7)Within"one year of preliminary plan approval,the applicants shall submit for formal review,a preliminary subdivision plat for the proposed development. 8)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 City's landscaping and screening regulations.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." 9)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 ORDINANCE NO.1166 PAGE 2 of 4 provision of adequate water supplies,sprinkler systems and fire hydrants). 10)The Developer shall provide the City of Apache Junction with a complete and accurate copy of the accepted Codes,Covenants and Restrictions adopted by the Developer. 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 17TH DAY OF SEPTEMBER 2002 SIGNED AND ATTESTED TO THIS 17TH ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO.1166 PAGE 3 of 4 DAY OF SFPTFMBER .2002. DOUGLAS C 'Mayor APPROVED AS TO FORM: ocCO '`)-17-02 RICHARD JOEL STERN City Attorney ORDINANCE NO.1166 PAGE 4 of 4 ORDINANCE NO 1166 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-2-02 FROM GR (GENERAL RURAL)TO CR-3 (SINGLE FAMILY RESIDENCE ZONE/CONVENTIONAL CONSTRUCTION ONLY):REPEALING ANY CONFLICTING PROVISIONS:AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION.ARIZONA THAT: 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 350 feet of the North half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 28, Township 1 North.Range 8 East of the Gila and Salt River Base and Meridian.Pinal County.Arizona: be and hereby is amended from GR (General Rural)to CR-3 (Single Family Residence Zone/Conventional Construction only).subject to the following stipulations: 1)The final plan and future subdivision plats shall conform substantially with the submitted and approved concept plan, including.but not limited to.such items as setbacks,lot and street layout.open space configuration.landscape concept including provisions for individual lot landscaping,and a minimum of three model types. 2)The preliminary and final plat must conform to all requirements of the City of Apache Junction.Land Development Code.Volume II, Chapter 1.Zoning Ordinance.Section 15.0400 (CR-3 Zone). ORDINANCE NO.1166 PAGE 1 of 4 including.but not limited to,a sixty (60)foot minimum lot width and other provisions of the CR-3 Zoning District. 3)The open space.including retention areas and street landscaping, will be perpetually maintained by adjacent property owners,or by the developer,their heirs,successors,assignees.or through another arrangement that legally binds the assuming entity or individuals to open space maintenance requirements.The open space/retention areas shall not be constructed upon,otherwise obstructed or used in any other manner. 4)The property owners shall dedicate and improve to the City Engineer's standards any necessary rights -of -way internal and external to the site.The improvements may include,but not necessarily be limited to the provision of curbs,gutters, sidewalks,driveways,streetlights,and retention basins. 5)The narrow street fronting side of each lot shall be considered its front yard. 6)The property shall be developed within twenty-four (24)months of rezoning approval or the zoning may be subject to reversion to its former classification by City Council legislative action pursuant to Arizona Revised Statutes Annotated §9-462.01. 7)Within one year of preliminary plan approval,the applicants shall submit for formal review,a preliminary subdivision plat for the proposed development. 8)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 City's landscaping and screening regulations.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. 9)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 ORDINANCE NO.1166 PAGE 2 of 4 fire apparatus access roads,the marking of fire lanes and the provision of adequate water supplies,sprinkler systems and fire hydrants). 10)The Developer shall provide the City of Apache Junction with a complete and accurate copy of the accepted Codes,Covenants and Restrictions adopted by the Developer. 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 17TH DAY OF SEPTEMBER ,2002. SIGNED AND ATTESTED TO THIS 24TH DAY OF MARCH ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO.1166 PAGE 3 of 4 DOUGLAS COLEMAN Mayor 2003. APPROVED AS TO FORM. -ZO'O3 RICHARD JOEL STERN City Attorney ORDINANCE NO.1166 PAGE 4 of 4