The URL can be used to link to this page

Home My WebLink AboutORD1201ORDINANCE NO.1201 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-4-04 FROM GR (GENERAL RURAL)AND TH (TRAILER HOMESITE)TO CR-3MH/PD (SINGLE FAMILY RESIDENCE ZONE/7.000 SQUARE FOOT MINIMUM LOTS/MANUFACTURED HOMES BY PLANNED DEVELOPMENT):REPEALING ANY CONFLICTING PROVISIONS:AND PROVIDING FOR SEVERABILITY. WHEREAS,on February 17,2004,Randy Quesenberry applied for a rezoning of the property more particularly described below from GR and TH to CR-3MH:and WHEREAS,on March 23,2004,the Planning and Zoning Commission considered the rezoning and recommended denial by a vote of 5 to 2:and WHEREAS,on April 20,2004,the Mayor and City Council of the City of Apache Junction.considered the rezoning and continued the matter:and WHEREAS,on May 4,2004,after reviewing the modified stipulations and changing the proposed zoning classification from CR-3MH to CR-3MH/PD,the Mayor and City Council reconsidered the matter:and WHEREAS.the proposed Planned Development designation,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. ORDINANCE NO.1201 PAGE 1 OF 6 NOW,THEREFORE,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 half of the Northeast quarter of the Northwest quarter of the Southwest quarter of Section 30,Township 1 North,Range 8 East of the Gila and Salt River Base and Meridian,Pinal County, Arizona: be and hereby is amended from TH (Trailer Homesite)to CR-3MH/PD (Single -Family Residence Zone/7,000 square foot minimum lots/Manufactured Homes by Planned Development):and The West half of the Northwest quarter of the Northeast quarter of the Southwest quarter of Section 30,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-3MH/PD (Single Family Residence Zone/7,000 square foot minimum lots/Manufactured Homes by Planned Development):both parcels subject to the following stipulations: 1)The final plat of the proposed subdivision shall be in substantial compliance with the concept plans submitted with this rezoning request,insofar as general layout,lot sizes. public streets,landscaped setbacks and retention areas,and model types.Common open space/retention areas shall be improved with amenities .as required by the City's Parks. Open Space and Right -of -Way Landscape Standards,Section X, for required open space and play station points.A homeowner's association ("HOA")shall be established to provide for maintenance of the common areas and for enforcement of community rules and regulations. ORDINANCE NO.1201 PAGE 2 OF 6 2)At the time of preliminary plat submittal,the developers shall include the following: a.Typical elevation drawings for the proposed homes incorporating architectural elements such as hardy panel siding (or other exterior finishes which mimic stucco),architectural shingles,pitched roofs with varying roof lines,undulating or, off -set building frontages and varied color palette. b.Typical floor plan layouts for smallest and largest models with skylights,granite counter tops.vaulted ceiling options,and optional two -car carports/garages and covered patios indicated.No floor plans for models less than 1,295 square feet shall be offered or permitted. c.Typical lot layout drawings for interior,corner and inside corner lots,showing how the smallest and largest models would be accommodated on said lots, with attached or detached garage/carport options. Detached garages/carports shall be accessed by 10 -foot -wide -minimum concrete driveways,and shall be of similar construction material,color and character as the main residence.No meta]or portable shade buildings/structures allowed. 3)At the time of installation,the developer shall: a.Install only new manufactured home units.For the purpose of this rezoning,"new"means a manufactured home unit that is manufactured within the last twelve months preceding the application for installation with the City Building Division.All homes will be ground set. b.Each home shall receive a front yard landscaping package that is compliant with the City of Apache Junction Landscaping and Screening regulations and Parks and Recreation plant list.Each home shall have ORDINANCE NO.1201 PAGE 3 OF 6 a two -car garage or a two -car carport.attached or detached,installed at the same time as the home is set. 4)The applicant will conduct all sales transactions of the homes in the City of Apache Junction at an on -site temporary sales office located in the subdivision,and shall provide the City with the sales tax on all transactions. 5)Prior to any development on the site the developers shall dedicate and improve to the City Engineer's standards any necessary rights -of -way,both internal and external to the site,which shall include,but are not necessarily limited to,the provision of curbs,gutters,sidewalks,driveways. streetlights,underground utility lines,and retention basins.No building,installation or other permits will be issued until all off -site improvements and drainage and retention areas have been completed and approved by City staff. 6)Any use or development of said property shall be conditioned upon the provision of public improvements,a decorative masonry perimeter wall and landscaping in accordance with the provisions of the City's Landscape 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. 7)All applicable development fees shall be paid prior to the issuance of any building,installation or other permits. 8)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. 9)The property shall be developed within 24 months of rezoning ORDINANCE NO.1201 PAGE 4 OF 6 DOUGLAS COLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO.1201 PAGE 5 OF 6 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. 10)Except as noted herein,all other standard provisions of the CR-3/MH zoning classification shall apply to the proposed subdivision. 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 4TH DAY OF MAY.2004. SIGNED AND ATTESTED TO THIS 4TH DAY OF MAY ,2004 /1."- APPROVED AS TO FORM: 04-2s-ci4 RICHARD JOEL STERN City Attorney ORDINANCE NO.1201 PAGE 6 OF 6