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HomeMy WebLinkAboutORD1223ORDINANCE NO.1223 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-18-04 FROM TH (TRAILER HOMESITE)TO CR-3/PD (SINGLE FAMILY RESIDENCE ZONE BY PLANNED DEVELOPMENT):REPEALING ANY CONFLICTING PROVISIONS:AND.PROVIDING FOR SEVERABILITY. WHEREAS,the existing "Four Peaks"manufactured home park developmeq,'a 351 space family park',where the street and.utilities infrastructurels'currtently about -two-thirds complete,and due to the closure of the park,is currently 'vacant of any homes and is not being utilized:and WHEREAS,the applicant,s proposing to redevelop the project into conventionally constructed single family homes,meeting a.goal of the General Plan to provide more site built housing products in the community;and WHEREAS,on November 26,2004,the Apache Junction Planning and Zoning Commission,voted 4 to 2 (one member absent)to. recommend approval of the request for rezoning,case PZ-18-04,to change the zoning district classification from TH (Trailer Homesite)to CR-3/PD (Single Family Residence Zone by 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 The zoning district classification on the Zoning District Map,City of Apache Junction,Arizona,for the parcel of land legally described as: Parcel 1:The Northeast quarter of the Northwest quarter of Section 34,Township 1 North,Range 8 East of the Gila and ORDINANCE NO.1223 PAGE 1 OF 5 Salt River Base and Meridian,Pinal COunty,'Arizona;and Parcel 2:The North half of the Southeast quarter of the Northwest quarter of Section 34,Township 1 North,Range 8 East of the Gila and Salt River Base and Meridian,Pinal County,Arizona: EXCEPT roadway dedications to Pinal County in Instrument No.2000-048651 and 2000-048652;. be and hereby is amended from TH (Trailer Homesite)to CR-3/PD (Single Family Residence Zone 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 abproved concept plan on.file in Case PZ-18-04,including,but not limited to,such items as setbacks,lot and street layout, open space configuration,landscaping concept for common areas and the public right-of-ways,and common area amenities. 2)The final plan for the individual homes shall conform substantially with the submitted and approved concept elevations on file in Case PZ-18-04,including,but not limited to such items as front porches or patios,architectural features,' roofing and siding materials,window details,and other elements shown.All homes shall utilize "four-sided" architecture,with design elements on all four (4)sides of 'the residences.No two (2)homes of the same architectural .design shall be located next door nor across the street from each other.Colors of paint as -well as of the roofing materials shall be varied,with no similar color arrangements on neighboring residences.All roofs shall be constructed out of tile or similar material.All homes shall have front yard landscaping installed prior to occupancy and low-water consuming vegetation;at a minimum,landscaping shall i'ncl'ude two (2) trees,six (6)shrubs_and 200 square feet of vegetative groundcover per lot. 3)Planned Development deviations for the residences in this project are as. follows: ORDINANCE NO.1223 PAGE 2 OF 5 C. d. e. Front Yard Setback,fifteen feet (15'). Rear.Yard Setback.,ten feet (10'):• Side Yard Setback,five feet .(5')for the residence,zero feet (0')for the garage on one -side,ten feet (10')on -the other side of the residence.• Lot _coverage shall be no greater than fifty -percent (50%). All lots Shall provide an eight -foot (8').easement fpr access to the garage of the neighboring lot.There shall be no fences constru-cted in the front yards of any developed lot.. 4)Final plans for the development shall incorporate for the City's Multi -Use Trail on the North and South sides Of the project,as illustrated in the General Plan,which shall be .public easements _for ingress and egress.• 5)All open space,including retention areas and street landscaping,will be perpetually maintained by a homeowner's association ("HOA")which shall be established to provide for maintenance of the common areas and enforcement of community rules and regulations.None of the open space/retention areas shall be constructed upon,otherwise obstructed or used in any 'other manner.All amenities shall be kept in good repair and working order.No amenities shall be removed or altered without brior written approval of the Zoning Administrator. 6)Prior to any further 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.Said improvements may include,but are not necessarily limited to,the provision of curbs,gutters,sidewalks, driveways,streetlights,and drainage and retention basins. 7)Any use or development of said property may be conditioned upon the provision of public improvements,a decorative masonry perimeter wall and landscaping in accordance with the provisions of the Landscape and Screening Requirements.The provisions of the Uniform Building Code and all other City codes,policies, ORDINANCE NO.1223 PAGE 3 OF 5 guides and standards shall apply and control all design and construction of improvements. 8)Any future developers shall pay all applicable development fees prior to the issuance of building permits,subject to the terms of the Pre -Annexation Economic Development Agreement, Pinal County Recorder's Office 'Number 2004-081974. 9)All construction shall be done in compliance with all applicable codes and ordinances',including the City of Apache Junction Zoning OrOnance,the. iniform 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). 10)Except as noted herein,all other standard provisions of the CR-3 zoning classification shall apply to the proposed subdivision. SECTIONSECTION 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 1sT DAY OF FFRRHARY ,2005. SIGNED AND ATTESTED TO THIS 1ST ORDINANCE NO.1223 PAGE 4 OF 5 DAY OF FEBRUARY 2005. )" L 6 4DOUGLASCOEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 1111°05 RICHARD JOEL STERN City Attorney ORDINANCE NO.1223' PAGE 5 OF 5 .