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HomeMy WebLinkAboutORD1220ORDINANCE NO.1220 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-14-04,FROM CR-5(MULTIPLE-FAMILY RESIDENCE ZONE)TO CR-3/PD(SINGLE- FAMILY RESIDENCE ZONE THROUGH PLANNED DEVELOPMENT): REPEALING ANY CONFLICTING PROVISIONS:AND PROVIDING FOR SEVERABILITY. WHEREAS,on November 23,2004,the Apache Junction Planning and Zoning Commission voted 4 to 2 to recommend approval of the request for rezoning Case PZ-14-04 to change the zoning district classification from CR-5 (Multiple -Family Residence Zone)to CR-3 (Single -Family Residence Zone through Planned Development). NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA THAT: SECTION I:IN GENERAL That the zoning district classification on the Zoning District Map,City . of Apache Junction.Arizona,for the parcel of land legally described as: The East 536.76 feet of East half of Southeast quarter of the Southwest quarter of Section 20,Exc Subd & S-33'Thereof 11.08 AC,Township 1 North,Range 8 East of the Gila and Salt River Base and Meridian,Pinal County,Arizona.(More specifically described in Case PZ-14-04): is hereby amended from CR-5 (Single -Family Residence Zone)to C-3/PD (Single -Family Residence by Planned Development),subject to the follow- ing conditions of approval: 1)The subdivision development shall provide for a minimum of five (5)model types,with three (3)elevation variations each,and four (4)sided architecture. ORDINANCE NO,1220 PAGE 1 OF 2)The final plan and future subdivision plans shall conform substantially with the submitted and approved concept plan including,but not limited to,L.Ich items as setbacks,lot and street layout,open space configuration and landscape concepts. 3)A landscape plan prepared by a Registered Landscape Architect shall be submitted to the City and approved by Development Services Planning Division Staff as part of the final improvement plans prior to any plant installation. 4)The developers shall pay all applicable development fees prior to the issuance of building permits. ., 5)Within one year of Preliminary Plat approval,the applicants shall,sdbmtt for formal review a Final Subdivision Plat,and .ITprovement-Pjaos.fol: the proposed development. 6)Any.use or devOoOment of said property is conditioned upon the brovision.of public improvements,a decorative masonry perimeter wall and landscaping in accordance with the landscape and screening regulations of the City and amendments thereto. The provisions of the Uniform Building Code,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)and all other city codes,policies,guides and standards shall apply and control all design and construction of improvements. 7)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 Engineering Guidelines. 8)Upon the formation of a Homeowners Association,said Homeowners Association will provide the City of Apache Junction with a complete and accurate copy of the accepted codes and covenants and restrictions adopted by such Homeowners Association. 9)The development shall be constructed to meet,at a minimum, Energy Efficient standards for Environmental Protection Agency (EPA)Energy Star homes. ORDINANCE NO.1220 PAGE 2 OF 4 10)The development shall include an improved City General Plan Trail/Path linkage along the east boundary. 11)Two story homes shall not be located along the north and west boundaries of the future development. 12)No more than 25%of the homes constructed shall be less than 1,300 square feet in size,and'no less than 252 of the homes constructed shall be less than 2,000 square feet in size. 13)The open space,including retention areas and street landscaping, will be perpetually maintained by adjacent property owners,or by the developer,his heirs,successors,and/or assignments,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,be other- wise obstructed or used in any manner. 14)The property owners.. shall dedicate and improve to the City„. Engineer's standards any' necessary right-of-ways internal and external :to this site..Said improvements may include,but not necessaridy be limited to,the provision of curbs,gutters, sidewalks,driveways,streetlights,and retention basins. 15)The narrow street fronting side of each lot shall be considered its front yard. 16)Direct access shall be provided on the northeast side of the parcel for access from Cardinal Drive to the east pedestrian trail/path. 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. ORDINANCE NO.1220 PAGE 3 OF 4 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 13TH DAY OF DECEMBER ,2004. SIGNED AND ATTESTED TO THIS 13TH DAY OF DECEMBER ,2004. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 4a-i2.8-04. RICHARD JOEL STERN City Attorney ORDINANCE NO.1220 PAGE 4 OFI.11 - DOUGLAS COAMAN Mayor