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HomeMy WebLinkAboutORD1233ORDINANCE NO.1233 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-16-04 FROM CB -1 ("LOCAL BUSINESS ZONE")TO CB-1/PD ("LOCAL BUSINESS ZONE BY PLANNED DEVELOPMENT")FOR THE PURPOSE OF APPROVING A SITE PLAN AND ELEVATIONS FOR A FOUR -LOT,FOUR-PLEX DEVELOPMENT LOCATED ON THE NORTHEAST CORNER OF 9TH AVENUE AN/OUTH COLT ROAD;REPEALING ANY CONFLICTING PROVISIONS;AND ROVIDING FOR SEVERABILITY. WHEREAS,on April 26,2005,the Apache J)?etion Planning and Zoning Commission voted unanimously to 0 to ecommend denial of rezoning request Case PZ-16-05;and WHEREAS,staff's recommen City Council hereby determine use and encourages a more cre proposed land uses in the vici WHEREAS,the propOsed forth herein,enables t planning principles in use,and further allows uses,structures,and spa' tam ed conditions which the de greater flexibility in land 'sign compatible with existing and f the property in question;and ing,subject to the conditions set nd integration of contemporary land manner to promote its most appropriate sification in the relationship of various NOW,THEREFORE,BE/1T ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCYION,ARIZONA THAT: SECTION I:IN GENERA / The zoning distric classification on the Zoning District Map,City of Apache Junction,rizona,for the parcels of land legally described as: Lots 31, 8 2,33,34,Palm Springs Unit Five,according to Book 13 f Maps,Page 55,record of, Pinal'County,Arizona: (also own as Pinal County Assessor Parcel NUmbers 102-23-031, 102-2'-032,102-23-033,and 102-23-034).• ORDINANCE NO.1233 PAGE 1 OF 3 Be and hereby is amended from CB -1 to CB-1/PD,subject to the following conditions: 1)Use of the subject properties shall be limited to apartments and home based occupations,as defined by the City of Apache Junction Zoning Ordinance. 2)Except as noted herein,all other standard provisions of the CB -1 zoning classification shall apply to this development. 3)All required trees in landscape areas shall be twenty-four inch (24")box in size and all required plant densities shall be met on each lot. 4)The final planned development site plan and landscape plans shall conform substantially with the submitted plan dated June 21,2005.• 5)The four-plex dwelling units shall incorporate archi- tectural characteristics and qualities in accordance with the Apache Junction Design*Guidelines,'intluding, but not limited to,southwestern architectural motifs consisting of stone wrought iron or wood. 6)Prior to final building permit approval the developer shall submit to the Planning Division a complete and accurate copy of CCRs that will be recorded with the Pinal County Recorder's office to guide the Mana4ement -: maintenance,and shared facilities (parking,drainage. trash receptacles,resident amenities,etc.)of the subject properties. 7)The owners and/or managers,present and future,will be enrolled and certified in the City of Apache Junction Crime Free Multi -Housing Program. 8)Prior to issuance of a certificate of occupancy,the developer shall provide the Planning Division a recorded copy of all necessary and required vehicular and pedestrian ORDINANCE NO.1233 PAGE 2 OF 3 cross access easements and common area maintenance agreements. 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,sentene,phrase,clause •,portion of this ordinance,or any part of the code adopted her , -n ty reference,is for any reason held to be invalid or unconstitu ',nal by the decision of any court of competent jurisdiction,such ecision shall not -affect the validity of the remaining portions th--eof. PASSED AND ADOPTED BY THE MAYOR AND crY COUNCIL OF THE CITY OF APACHE JUNCTION.ARIZONA,THIS SIGNED AND ATTESTED TO THIS ATTEST: KATHLEP CONNELLY City/tlerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO.1233 PAGE 3 OF 3 Y OF ,2005. DAY OF 2005. DOUGLAS COLEMAN Mayor