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HomeMy WebLinkAboutORD1228ORDINANCE NO.1228 (Scrivener's Error Correction) AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT,CASE PZ-20-04,A REQUEST BY THE SUPERSTITION HEIGHTS HOMEOWNERS ASSOCIATION,TO ALLOW THE ENCLOSURE OF REAR YARD PATIOS INTO HABITABLE LIVING SPACES ON LOTS 1 THROUGH 14 AND 25 THROUGH 47 LOCATED IN THE CR-5/PD ZONED SUPERSTITION HEIGHTS SUBDIVISION,BY AMENDING ORDINANCE NO.836:REPEALING ANY CONFLICTING PROVISIONS:AND PROVIDING FOR SEVERABILITY. WHEREAS,the Mayor and City Council of the City of Apache Junction,Arizona,on October 16,1984,passed and adopted Ordinance No.217,amending the Apache Junction,Arizona,Zoning Ordinance,by amending the Zoning District Map,City of Apache Junction,Arizona, changing the zoning classification in rezoning Case PZ-30-83 from CR-3 (Single Family Residence Zone)to CR-5/PD (Multiple -Family Residence by Planned Development);and WHEREAS,the Mayor and City Council of the City of Apache Junction,Arizona,on June 18,1985,passed and adopted Ordinance No. 359,amending the Apache Junction,Arizona,Zoning Ordinance,by amending the Zoning District Map,City of Apache Junction,Arizona, changing the zoning classification in rezoning Case PZ-8-85 from CR-3 (Single Family Residence Zone)to CR-5/PD (Multiple -Family Residence by Planned Development);and WHEREAS.the Mayor and City Council of the City of Apache Junction,Arizona,on July 21,1992.passed and adopted Ordinance No. 836,amending the plan of development to include construction of rear yard patio covers and prohibit _staggering of the front yard setbacks of the dwelling units amongst other amendments described in Case PZ-7-92: and WHEREAS,on January 25,2005,the City of Apache Junction Planning and Zoning Commission voted 5 to 2 to recommend denial of Major Planned Development Case,PZ-20-04:and ORDINANCE NO.1228 PAGE 1 OF 4 WHEREAS,the proposed Major Amendment,subject to the conditions set forth herein,enables the use and integration of contemporary land planning principles in such a manner to promote its most appropriate use and further allows diversification in the relationship of various uses,structures,and spaces. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I:IN GENERAL That the conditions of approval of Ordinance No.836 be amended for the purpose of approving a Planned Development Amendment to allow the reduction of the main building rear yard setback from fifteen feet (15')and twelve feet (12')to eight feet (8')and to allow the construction of rear yard habitable room additions as described herein and in Case P7-20-04.The properties are legally described as follows: (Unit 1)Superstition, Heights Subdivision lots 1 through 14 and 25 through 47 (37 total lots),according to the Plat of record located in the office of the Pinal County Recorder, Cabinet A,Slide 166. More commonly known as 1920 S.Plaza Drive. The conditions of approval of Ordinance No.836 are hereby amended and supplemented as follows: 5.The rear yard patios shall be a maximum ,size of ten feet by twelve feet (10'x 12')to. be enclosed or converted into living space in any manner except in compliante with this Section. 6.The rear yard patio covers and room additibns dre not to encroach on any designated easements,including,but not limited to,the drainage easements. 7.All future twin -home structures are to be constructed at the same front yard setback of twenty feet (20')with staggering of the units no longer permitted. ORDINANCE NO.1228 PAGE 2 OF 4 8.Habitable room additions shall be constructed to meet all applicable building and fire codes. 9..Habitable room additions shall be a maxi'Mu'M of twelve feet (12')wide and maintain an eight foot (8')rear yard setback on lots 43 through .47,,and-habitable room additions shall be a maximum of twelve feet (121. wide and maintain a, five foot (5')rear Yard 'setback oh lots 1 thrdugh 14-.25 through 28, and 30 through 42: 10.A sixteen foot (16')by eight foot (8')enclosed patio may remain on lot #29,subject to building permit requirements. All other pertinent stipulations of Ordinance Nos.217,359,and 836 are still in full force and effect.- 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 15TH DAY OF MARCH ,2005. SIGNED AND ATTESTED TO THIS _1_5311 ORDINANCE NO.1228 PAGE 3 OF 4 DAY OF MARCH ,2005 DOUGLAS COLEMAN, Mayor ATTEST: KATHLEEN CONNELLY -City Clerk APPROVED AS TO FORM: 54.05 RICHARD JOEL. STERN City Attorney ORDINANCE NO.1228 PAGE 4 OF 4 ORDINANCE NO.1228 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION,ARIZONA.APPROVING A'PLANNED DEVELOPMENT MAJOR AMENDMENT,CASE PZ-20-04,A REQUEST BY THE SUPERSTITION HEIGHTS HOMEOWNERS ASSOCIATION,TO ALLOW THE ENCLOSURE OF REAR YARD PATIOS INTO HABITABLE LIVING SPACES ON LOTS 1 THROUGH 14 AND 25 THROUGH 47 LOCATED IN THE CR-5/PD ZONED SUPERSTITION HEIGHTS SUBDIVISION,BY AMENDING ORDINANCE NO.836:REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. WHEREAS.the Mayor and City Council of the City of Apache Junction,Arizona,on October 16,1984,passed and adopted Ordinance No.217,amending the Apache Junction,Arizona,Zoning Ordinance,by amending the Zoning District Map,City of Apache Junction,Arizona, changing the zoning classification in rezoning Case PZ-30-83 from CR-3 (Single Family Residence Zone)to CR-5/PD (Multiple -Family Residence by Planned Development);and WHEREAS,the Mayor and City Council of the City of Apache Junction,Arizona,on June 18,1985.passed and adopted Ordinance No. 359.amending the Apache Junction,Arizona,Zoning Ordinance,by amending the Zoning District Map,City of Apache Junction,Arizona. changing the zoning classification in rezoning Case PZ-8-85 from CR-3 (Single Family Residence Zone)to CR-5/PD (Multiple -Family Residence by Planned Development);and WHEREAS.the Mayor and City Council of the City of Apache Junction,Arizona,on July 21,1992,passed and adopted Ordinance No. 836.amending the plan of development to include construction of rear yard patio covers and prohibit staggering of the front yard setbacks of the dwelling units amongst other amendments described in Case PZ-7-92: and WHEREAS,on January 25,2005,the City of Apache Junction Planning and Zoning Commission voted 5 to 2 to recommend denial of Major Planned Development Case,PZ-20-04:and ORDINANCE NO.1228 PAGE 1 OF 4 WHEREAS,the proposed Major Amendment,subject to the conditions set forth herein,enables the use and integration of contemporary land planning principles in such a manner to promote its most appropriate use and further allows diversification in the relationship of various uses,structures,and spaces. NOW,THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I:IN GENERAL .. That the 'conditions of approval of Ordinance No.836 be amended for the purpose of approving a Planned Development Amendment to allow the reduction of the main.building rear yard setback from fifteen feet (15')and twelve feet (12')to eight feet (8')and to allow the construction of rear yard habitable room additions as described herein and in Case PZ-20-04.The properties are legally described as follows: (Unit 1)Superstition Heights Subdivision lots I through 14 and 25 through 47 (37 total lots),according to the Plat of record located in the office of the Pinal County Recorder, Cabinet A.Slide 166. More commonly known as 1920 S.Plaza Drive. The conditions of approval of Ordinance No.836 are hereby amended and supplemented as follows: 5.The rear yard patios shall be a maximum size of ten feet by twelve feet (10'x 12')to be enclosed or converted into living space in any manner except in compliance with this Section. 6.The rear yard patio covers and room additions are not to encroach on any designated easements,including,but not limited to,the drainage easements. 7.All future twin -home structures are to be constructed at the same front yard setback of twenty feet (20')with staggering of the units no longer permitted. ORDINANCE NO.1228 PAGE 2 OF 4 8.Habitable room additions shall be constructed to meet all applicable building and fire codes. 9.Habitable room additions shall be a maximum of twelve feet (12')wide and maintain an eight foot (8')rear yard setback. 10.Lot number 29 be allowed to keep a sixteen foot (16')by eight foot (8')enclosed patio:. All other pertinent stipulations of Ordinance Nos.,, 217,359,and 836 are still in full force and effect. 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 15TH DAY OF FEBRUARY .2005. SIGNED AND ATTESTED TO THIS 1sT DAY OF MARCH ,2005. DOUGLASJEOLEMAN Mayor ORDINANCE NO.1228 PAGE 3 OF 4 ATTEST: KATHLEEN CONN,ELLY City Clerk APPROVED AS TO FORM: 4401: 3-4-0 5 RICHARD JOEL STERN City Attorney ORDINANCE NO.1228 PAGE 4 OF 4