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HomeMy WebLinkAboutORD1243ORDINANCE NO.1243 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-14-05,A REQUEST BY GLEN MILLET,FROM GR (GENERAL RURAL)AND CR-3 (SINGLE FAMILY RESIDENCE ZONE,7,000 SQUARE FOOT LOTS)TO CR-3/PD (SINGLE FAMILY RESIDENCE ZONE,7,000 SQUARE FOOT LOTS BY PLANNED DEVELOPMENT):REPEALING ANY CONFLICTING PROVISIONS: AND PROVIDING FOR SEVERABILITY. WHEREAS,on July 26,2005,the Apache Junction Planning and Zoning Commission voted unanimously 5 to 0 to recommend approval of rezoning request PZ-14-05:and WHEREAS.the City Council hereby determines that the proposed rezoning conforms to all of the general criteria as specified in Section 19.0109 of the Zoning Ordinance,including Compliance with the General Plan,integration with the surrounding.neighborhood.adequate traffic accommodation,adequate public facilities infrastructure exists,and that the design and uses should result in enhancement to the social,built,and natural environment in the City. 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 North 125 feet of the West 395 feet of the Southwest quarter of the Southeast quarter of the Northeast quarter of Section 29,Township 1 North,Range 8 East.of the Gila and Salt River Base and Meridian,Pinal County,Arizona: And The East 265 feet of the Southwest quarter of the Southeast quarter of the Northeast quarter of Section 29,Township 1 North.Range 8 East,of the Gila and Salt River Base and ORDINANCE NO.1243 PAGE 1 OF 4 Meridian,Pinal County,Arizona. Be and hereby is amended from GR (General Rural)and CR-3 (Single- Family Residence Zone,7,000 square foot lots)to CR-3/PD (Single- Family Residence Zone.7.000 square foot lots by Planned Development). subject to the following stipulations: 1)The final plan,lot layouts,and future subdivision plats shall conform substantially with the submitted and approved concept plan in Case PZ-14-05,except as conditioned herein. Lot widths and sizes shall be no less than as shown in the concept plan. 2)In addition to all required landscaping,the developer, prior to the occupancy of the homes,shall install two (2) twenty-four inch (24")box canopy trees in the rear yard of lots 18 through 24.Along the south property line adjacent to the "Moose Lodge"property the developer shall install Italian Cyprus trees in quantities sufficient to ensure a solid wall of vegetation at maturity.All vegetation installations shall include.an automatic watering system.Final landkaping plans shall be designed by an Arizona State Licensed Landscape Architect. 3)Planned Development deviations for the residences in this project are as follows: a.Side Yard.Setback:Zero feet (0')on one side, ten -feet (10')on the other side of the residence. 4)Common walls between individual dwellings shall be constructed out of block materials,or of other necessary materials as determined.bythe Building Official,to insure fire safety and maximum sound buffering. 5)All open space,including retention areas and street landscaping.shall be perpetually maintained by a home- owner's association (HOA)which will be established to provide for maintenance of the common areas and for enforcement of community rules and regulations.None of the open space/retention areas shall be constructed ORDINANCE NO.1243 PAGE 2 OF 4 upon.otherwise obstructed,or used in any other manner. Al]amenities shall be kept in good repair and working order.No amenities shall be removed or altered substantially without prior written approval Of the Zoning Administrator. 6)Except as noted herein,all other standard provisions of the,CR-3 zoning classification shall apply to the proposed subdivision. 7)Air-conditioning/heating eiquipment shall be ground mounted and screened from view from adjacent streets. 8)Open spaces shall be provided to meet the City of Apache Junction Parks.Open Space,and Right -of -Way Landscape Standards,and shall meet all minimum play -station points 9)The private street abutting lots one through six shall be a . minimum of twenty-eight feet (28')from back of curb to back - of curb:in addition,a four foot (4')landscape strip shall be provided between the exterior subdivision wall and the south side of the street. 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,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 9TH DAY OF SEPTEMBER .2005. SIGNED AND ATTESTED TO THIS 28TH DAY OF DECEMBER .2005. ORDINANCE NO.1243 PAGE 3 OF 4 ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: /7/3-a5 RICHARD JOEL STERN City Attorney ORDINANCE NO.1243 PAGE 4 OF 4 DOUGLAS fOLEMAN Mayor