HomeMy WebLinkAboutORD1272ORDINANCE NO. 1272
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-5-06, A REQUEST BY CINCO VIEJOS, LLC,
REPRESENTED BY TIM HUGHES AND JAN MITTELSTAEDT, FROM
CR-5 (MULTI -FAMILY RESIDENCE ZONE) TO CR-5/PD (MULTI-
FAMILY RESIDENCE ZONE/TOWNHOMES BY PLANNED
DEVELOPMENT); REPEALING ANY CONFLICTING PROVISIONS;
AND PROVIDING FOR SEVERABILITY.
WHEREAS, on May 23, 2006 the Apache Junction Planning
and Zoning Commission voted unanimously (5-0) to recommend
approval of rezoning request PZ-5-06; and
WHEREAS, the Council hereby determines that the
proposed rezoning conforms to all of the general criteria
as specified in Section 19.0109 of the Zoning Ordinance,
including compliance with the General Plan, integration
with the surrounding neighborhood, -adequate traffic accom-
modation, adequate public facilities, extension of infra-
structure, and that the design and uses should result in
enhancements to the social, built, and natural environments
in the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
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:
The Southwest quarter of the Southwest quarter of the
Northwest quarter of the Northeast quarter of Section
21, Township 1 North, Range 8 East of the Gila and
Salt River Base and Meridian, Pinal County, Arizona,
be and hereby is amended from CR-5 (Multi -family Residence
Zone) to CR-S/PD (Multi -family Residence Zone/Townhomes by
ORDINANCE NO. 1272
PAGE 1 OF 4
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, including the west 40
feet for N. Royal Palm Road, the south 33 feet for E.
Scenic Street, and any necessary cut-off corners or
additional right-of-way as determined by the City
Engineer.
2) The developer of the property shall prepare a
xeriscape landscape plan for all required perimeter
and parking lot landscape areas, according to the
City's Article 6-1 Landscape and Screening
Requirements.A master landscape plan drawn by a
landscape architect shall be submitted as part of the
improvement plans for the subdivision, to include the
interior private area landscape plan (with turf areas)
and the perimeter landscape plan.Said landscape plan
shall follow the provisions of Article 6-1 Landscape
and Screening Requirements.
3) The future townhomes shall be no smaller than 1200
square feet livable area in size, shall comply with
the City's Design Guideline concepts and shall
incorporate architectural features on all exterior
elevations which preclude the appearance of flat
and/or blank facades.
4) The developer shall provide a swimming pool and other
centrally located private community amenities, such as
a tot -lot and ramada with picnic benches and bar-be-
ques in a common area conducive to an enjoyable family
environment.
5) All common areas, landscaped streets, retention and
drainage areas, etc., shall be perpetually maintained
by a homeowners association.
6) Except as noted herein, including exceptions for pad
sizes and building code compliant minimum building
separations, all other standard provisions of the CR-5
zoning district shall apply to the proposed
ORDINANCE NO. 1272
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development.
7) The property owners shall disclose to all prospective
buyers, prior to sale, that there is a bar located at
945 E. Scenic Street, which may cause traffic and
other impacts, and also that there are neighboring
horse properties.
8) 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 18TH DAY OF PLY
JULY , 2006.
SIGNED AND ATTESTED TO THIS 2ND DAY OF AUGUST , 2006.
ORDINANCE NO. 1272
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DOUGLAS ;COLEMAN
Mayor
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
4cEi.Jr -11-O6
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1272
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