HomeMy WebLinkAboutORD1175ORDINANCE NO.1175
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA.APPROVING A PRELIMINARY PLANNED
DEVELOPMENT PLAN,SITE PLAN -"B"DATED MARCH 3,2003,AND
CONCEPTUAL ARCHITECTURAL ELEVATIONS FOR A RESIDENTIAL
SUBDIVISION IN CASE PZ-9-02.FOR ASSESSOR PARCEL 102-44-
005B,RETAINING THE CR-3/PD (SINGLE-FAMILY RESIDENCES BY
PLANNED DEVELOPMENT)ZONING DISTRICT CLASSIFICATION.
REPEALING ANY CONFLICTING PROVISIONS:AND PROVIDING FOR
SEVERABILITY.
WHEREAS,on February 25,2003,the Apache Junction Planning and Zoning
Commission voted 7-0 to recommend denial of the request for rezoning
case PZ-9-02 to change the zoning district classification from CR-3/PD
to R-1:and
WHEREAS,the Commission recommended denial because of a general
consensus that the proposed thirty-three (33)lot subdivision would be
preferred with lot sizes of 7,000 square feet minimum,the proposed
two-story houses would be incompatible located next to a single -story
subdivision,and that two lots did not meet the minimum lot width
requirements for the proposed R-1 zoning district:and
WHEREAS,following the Commission's February 25,2003 meeting,the
applicant,Niel F.Nielson,representing Royal Development,submitted
an alternative concept Site Plan "B"containing twenty-eight (28)lots
at 7,000 square feet minimum,with minimum lot widths of seventy (70)
feet.
WHEREAS,the Apache Junction City Council met on March 11,2003,and
preferred the conceptual site plan "B"submitted:and
WHEREAS,the Council wishes to retain CR-3/PD development standards
upon the parcel in question.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,AS FOLLOWS:
ORDINANCE NO,1175
PAGE 1 OF 5
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:
A portion of the Southwest quarter of the Southwest quarter of
Section 29,Township 1 North,Range 8 East of the Gila and Salt
River Base and Meridian,Pinal County,Arizona (more specifically
described in case PZ-9-02):
Remain CR-3/PD (Single -Family Residence Zone by Planned Development)
for rezoning case PZ-9-02,and that a Preliminary Planned Development
Plan for a ± 28 lot subdivision be approved,subject to the following
stipulations:
1)The final plan and future subdivision plans shall conform
substantially with the submitted and approved alternative
concept site plan "B",including,but not limited to,such items
as setbacks,lot and street layout,open space configuration,
landscape concept including provisions for individual front yard
lot landscaping,and a minimum of five model types.
2)The preliminary and final plat must conform to all requirements
of Section 15.0400 CR-3 (Single -Family Residence Zone)of the
Zoning Ordinance,including,but not limited to,minimum 7,000
square feet lot size for single family homes.
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 by another acceptable arrangement that legally binds the
assuming entity or individuals to open space maintenance.Open
space/retention areas shall not be constructed upon,otherwise
obstructed or used in any manner.
4)The property owners shall dedicate and improve to the City
Engineer's standards any necessary rights -of -way internal and
external to this site.The improvements may include,but not
necessarily be limited to,the provision of curbs,gutters,
sidewalks,driveways,streetlights,and retention basins.
ORDINANCE NO.1175
PAGE 2 OF 5
5)No lots shall be constructed that meet the definition of key lot
as contained within Article 5 of the City of Apache Junction
Zoning Ordinance.
6)Landscaping is required along the Southern and San Marcos
frontages of the property,installed in accordance with the
City's landscaping and screening requirements.Plant types may
include any of the low-water consumptive varieties approved by
the City's Park Superintendent and shall be designed to create
an aesthetically pleasing appearance.
7)A landscape plan prepared by a Registered Landscape Architect
shall be submitted to the City and approved by Development
Services Planning Division Staff prior to any plant
installation.
8)The developers shall pay all applicable development fees prior
to the issuance of any building permits.
9)The property shall be developed within twenty-four (24)months
of rezoning approval or else be subject to reversion by City
Council legislative action pursuant to Arizona Revised Statutes
Annotated ("A.R.S.")§ 9-462.01.
10)Any use or development of the property may be conditioned upon
the provision of public improvements,a decorative masonry
perimeter wall and landscaping in accordance with the provisions
of the City's Landscaping and Screening Requirements.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.Wrought iron view
fencing shall be provided around the retention and open space
areas on the south side of the proposed subdivision in
accordance with city fencing requirements.
11)All construction shall be done in compliance with all applicable
codes and ordinances,as adopted in 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,and fire hydrants).
ORDINANCE NO.1175
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12)Upon the formation of a Homeowners Association,the Association
will provide the City of Apache Junction a complete and accurate
copy of all codes,covenants and restrictions adopted.
13)All lots shall be developed with single family homes.
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 15TH DAY OF APRIL ,2003.
SIGNED AND ATTESTED TO THIS 30TH DAY OF APRIL ,2003.
ATTEST:
KATHLEEN CONNELLY
City Clerk
ORDINANCE NO.1175
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TO144/ 4 49`—a v - L x_,_
DOUGLAS OLEMAN
Mayor
APPROVED AS TO FORM:
c 40-03
RICHARD J.STERN
City Attorney
ORDINANCE NO.1175
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