HomeMy WebLinkAboutORD1227ORDINANCE NO.1227
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 P7-21-04 FROM CB -1
(LOCAL BUSINESS ZONE)TO CB-1/PD (LOCAL BUSINESS ZONE BY
PLANNED DEVELOPMENT);REPEALING ANY CONFLICTING PROVISIONS;
AND PROVIDING FOR SEVERABILITY.
WHEREAS,the applicant in the above listed case desires to
convert an existing 16 unit apartment complex to condominiums for the
purpose of enabling individual ownership of the dwelling units;and
WHEREAS,on January 25,2004,the Apache Junction Planning and
Zoning Commission,voted 7 to 0 (unanimously)to recommend approval of
the request for rezoning,Case P7-21-04,to change the zoning district
classification from CB -1 (Local Business Zone)to CB-1/PD (Local
Business Zone by Planned Development).
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:
Lots 65,66,67,and 68 of the Palm Springs Unit Five
Subdivision,as recorded in Book 13,Page 55,in the
office of the Pinal County Recorder,
be and hereby is amended from CB -1 (Local Business Zone)to CB-1/PD
(Local Business Zone by Planned Development)subject to the following
stipulations:
1)The property owner,shall install four (4)24 inch box
trees,one (1)15 -gallon tree,one (1)shrub,and 782
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square feet of vegetative groundcover plants on the
property within thirty (30)calendar days of rezoning
approval.
2)The property owner shall stdcco and paint the trash
dumpster fence to complement ,the primary buildings.A
decorative metal gate shall be installed within thirty
(30)calendar days of rezoninij ‘approval.When closed,
said gate shall entirely block the view of the trash
dumpster from the common areas and public right-of-way.
3)The property owner shall install an automated sprinkler
control system and shall provide for a water connection
point for common area water uses,such as irrigation,
within four (4)months of rezoning approval by the
Mayor and City Council.
4)The property owner shall install a pool,sized as shown
on the site plan in Case PZ-21-04 on file with the Planning
Division of the Development Services Department,as well as
two (2)barbeque grills,two (2)picnic tables,and two (2)
pieces of playground equipment as required in Case PZ-3-02
on file with the Planning Division of the Development
Services Department,within four (4)months of rezoning
approval.
5)The requirements of Sections 15.0605 and 15.0607 of the
Zoning Ordinance are waived to the extent necessary to
permit the platting of the condominium development as
shown in Case PZ-21-04 on file with the Planning Division
of the Development Services Department.The buildings shall
remain as constructed.No further expansion,addition,
reduction,or other modifications to the structures or
parking areas are permitted.No accessory buildings are
permitted.Nothing in this ordinance shall be construed to
prevent usual and customary maintenance,repair,and color
changes to the subject property.
6)All open space,including retention areas and street
landscaping,will be perpetually maintained by a home.
owner's association ("HOA")which shall be established to .
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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 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.
7)Uses of the subject property are restricted to single
family residential uses and home -based occupations as
defined under the Zoning Ordinance.
8)Except as noted herein,all other standard provisions of
the CB -1 zoning classification shall apply to this
development.
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 1ST DAY OF MARCH ,2005.
SIGNED AND ATTESTED TO THIS 1ST DAY OF MARCH ,2005.
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DOUGLAS C LEMAN
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
4 11—‘2*-16 1-0 5
RICHARD JOEL STERN
City Attorney
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