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HomeMy WebLinkAboutORD1261ORDINANCE NO 1261 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-28-05.FROM C-3/PD (GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT) TO CR-3/PD (CONVENTIONAL SINGLE-FAMILY HOMES BY PLANNED DEVELOPMENT):REPEALING ANY CONFLICTING PROVISIONS:AND PROVIDING FOR SEVERABILITY. WHEREAS.on July 20,1999.the Apache Junction City Council approved Ordinance No.1089.which rezoned the original 5 -acre property from GR (General Rural)to C-3/PD (General Commercial District by Planned Development)for the purpose of allowing the development of a multi -tenant retail/business center,but said commercial development was never realized:and WHEREAS.on January 24,2006.the Apache Junction Planning and Zoning Commission heard and deliberated a new proposal for the property.Case PZ-28-05,and voted to recommend approval of the rezoning request by a vote of 6 to 0.subject to the conditions of approval listed in this ordinance:and WHEREAS,the Council hereby determines that the proposed rezoning conforms to all of the applicable criteria as specified in the City of Apache Junction Zoning Ordinance.Article 19 Planned Development Zoning District,Section 19.0109 General Criteria,and is in compliance with the General Plan,integrates with the surrounding neighborhood, adequately accommodates traffic,will have adequate public facilities. and that the design and uses should result in enhancement to the social,built,and natural environment in the City. NOW,THEREFORE.be it ordained 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: ORDINANCE NO.1261 PAGE 1 OF 4 The West half of the Northwest quarter of the Northwest 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: be and hereby is amended from C-3/PD (General Commercial District by Planned Development)to CR-3/PD (Conventional Single -Family Homes by Planned Development)subject to the following conditions of approval: 1.)At the time of the subdivision plat process.the property owner shall dedicate to the City whatever rights -of -way are necessary.as determined by the City Engineer.including the west 40 feet for San Marcos.the north 50 feet for Broadway. and any internal street.cut-off corners or additional right- -of -way needed. 2.)The developer of the property shall install front yard. xeriscape landscaping on each lot at the time of home construction.A master landscape plan drawn by a landscape architect shall be submitted as part of the improvement plans for the subdivision,to include the front yard landscape packages as well as the perimeter landscape plan.The perimeter landscape plan shall also incorporate a pedestrian trail amenity along San Marcos Drive.Said landscape plan shall follow the provisions of Article 6-1 Landscape and Screening Requirements.- 3.)The future homes shall be no smaller than 1400 square feet livable area in size and shall incorporate architectural features on all exterior elevations which preclude the appearance of flat and/or blank facades.A minimum of four model types,with front elevation options each shall be presented for review during the preliminary plat process. 4.)The developer .shall provide a neighborhood amenity such as a playground.basketball court.and/or ramada with picnic benches and barbecues in a common area location for the enjoyment of the residents. 5.)All common areas. landscaped Streets,retention and drainage areas.etc.,shall be perpetually maintained by a homeowners associatipn: ORDINANCE NO 1261 PAGE 2 OF 4 6.)Except as noted herein,including some lots no smaller than 6.500 square feet in size,all other standard provisions of the CR-3 zoning district shall apply to the proposed development. 7.)All construction and on -site and off -site improvements shall comply with all applicable City.County and State guidelines. standards and codes,including fire and building codes,and proper permits and inspections processes. 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 7TH DAY OF MARCH .2006 SIGNED AND ATTESTED TO THIS ATTEST KATHLEEN CONNELLY City Clerk ORDINANCE NO.1261 PAGE 3 OF 4 7TH DAY OF MARCH ,DOUGLAS ZOLEMAN Mayor .2006 APPROVED AS TO FORM: -A2606 RICHARD JOEL STERN City Attorney ORDINANCE NO.1261 PAGE 4 OF 4