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Home My WebLink AboutORD1307ORDINANCE NO. 1307 AN ORDINANCE OF THE MAYOR AND CITY.COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE BY ADDING NEW ARTICLE 25,PRELIMINARY DEVELOPMENT PLAN REVIEW;-ADOPTING REFERENCE THAT CERTAIN DOCUMENT ENTITLED "APACHE JUNCTION CITY CODE, VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,ARTICLE 25,PRELIMINARY, DEVELOPMENT PLAN REVIEW";REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY WHEREAS,on August 17;'2004,.,the 'City Council passed Resolution 04-06 approving the City's Design Dictionary and Commercial Design Guidelines; and WHEREAS, on February 22, 2006, the City Council unanimously directed staff to move the current design guidelines to the level of codified design standards; and WHEREAS, new regulations setting forth preliminary development plan review guidelines will provide a method for the City to review site plans in greater detail during early stages of the design and development process, thereby further enforcing the existing Design Guidelines; and WHEREAS, A.R.S. § 9-802 permits municipalities to enact the provisions of a code or public record without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection; and WHEREAS, pursuant to A.R.S. §§ 9-801(1) and 9-802, codes which may be adopted by reference include those relating to municipal preliminary development plan review regulations. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: ORDINANCE NO. 1307 PAGE 1 OF 3 SECTION I IN GENERAL 1. That existing Apache Junction City Code, Volume II,Land Development Code,Chapter 1,Zoning Ordinance is hereby amended by adding new Article 25,Preliminary Development Plan Review. 2. That certain document known as "Apache Junction City Code, Volume II,Land Development Code,Chapter 1,Zoning Ordinance,Article 25,Preliminary Development Plan Review", three copies of which are on file in the office of the City Clerk, which document was made a public record by Resolution No. 07-36 of the City of Apache Junction, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R.S. § 9-802. SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference 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 codes or regulations 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 16TH DAY OF OCTOBER 2007. SIGNED AND ATTESTED TO THIS 16TH DAY OF ORDINANCE NO. 1307 PAGE 2 OF 3 OCTOBER , 2007. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: /'6c RICHARD J. STERN City Attorney ORDINANCE NO. 1307 PAGE 3 OF 3 APACHE JUNCTION CITY CODE VOLUME II LAND DEVELOPMENT CODE CHAPTER 1 ZONING ORDINANCE ARTICLE 25 PRELIMINARY DEVELOPMENT PLAN REVIEW SECTION 25.0100 PURPOSE AND INTENT Rather than diminishing property values within the City,the purpose of the Preliminary Development Plan Review ("PDPR") is to ensure the continuing quality of development that will be compatible with the City's vision and goals while protecting the health, safety and general welfare of its citizens. The intent is to achieve a scale and form of development that emphasizes sensitivity to aesthetic qualities and views, enhancement of buildings and streetscapes,pedestrian amenities,circulation and parking.This process places an emphasis on flexibility realizing that each situation needs to be addressed individually. The PDPR process will provide the applicant with valuable Planning and Zoning Commission,City Council,and/or staff assessment and direction of the development proposal prior to final plan preparation.The Preliminary Development Plans ("PDPs")will provide the Planning and Zoning Commission and City Council with a clear understanding of development plan details to support rezonings,subdivisions,and conditional use applications.The ultimate goal is to create a more attractive product,thereby enhancing real estate values throughout the City. SECTION 25.0101 APPLICABILITY This article shall apply to any proposed commercial, industrial, multifamily, single family subdivision, public or quasi -public development,re -development,and/or expansion, which includes a remodel or improvement that is more than 25% of the floor area of any building and/or 50% or more of the site area. SECTION 25.0102 APPLICATION PROCEDURES The following application procedure shall apply to all proposed projects as described in Section 25.0101: 1 1. Pre-Submittal Review Process ("PSRP") Application: Prior to Commission applicant appropriate Building, appropriate Districts, appearing before the Planning and Zoning or applying for a building permit,an shall apply for a PSRP meeting where City staff from its Planning,Engineering, Economic Development Departments,and staff from the Water,Sewer,and Fire and other affected public and private agencies,will meet with the applicant to discuss the proposed development plans and entitlement process. 2.PDPR Application: Following the PSRP meeting, an application for PDPR shall be submitted by the property owner(s) or their designated representative of the land proposed for development. SECTION 25.0103 PDPR REQUIREMENTS Every submittal for PDPR shall include: Preliminary Site Design:The site design of the project, including but not limited to project entries,interior circulation,pedestrian and bicycle access,pedestrian amenities,preliminary grading,screening of equipment and trash enclosures,exterior lighting,and other site design elements compatible with surrounding development and with the quality of design identified in the City's Design Guidelines. Preliminary Architectural Design:The architectural design of the project,including but not limited to the architectural style,scale, building mass, materials, colors, architectural details,roof style and other architectural elements compatible with surrounding development and with the quality of design identified in the City's Design Guidelines. Preliminary Landscape Design:Project landscaping,including but not limited to the location,type,size,color,texture and coverage of plant materials,so as to provide visual relief,complement buildings,visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space,and provide an overall unifying influence to enhance the visual continuity of the project. A complete and detailed description of these submittal requirements is available at the Development Services Department.The Development Services Director and his or her 2 designee have the authority to amend the requirements for applications for PDPR. SECTION 25.0104 PDPR AND APPROVAL PROCESS 1.Applications Requiring Only Staff Review and Approval: Prior to issuance of a building permit for proposed development described in Section 25.0101, the Development Services approval require Council however, reviewed of PDPs Planning action. reserves and Commission. submittal Department shall be responsible for review and if the proposed development does not and Zoning Commission and/or City The Development Services Director, the right to require any PDPs to be approved by the Planning and Zoning PDPR and approval shall be based on compliance with the minimum requirements of the City's General Plan, Zoning Ordinance, Landscaping, Screening and Signage regulations, Engineering and Design Guidelines, and all other applicable ordinances/codes. 2.Applications Requiring Planning and Zoning Commission and/or City Council Recommendation or Approval: Proposed developments described in Section 25.0101 that require Planning and Zoning Commission and/or City Council action on a Conditional Use Permit ("CUP") Rezoning,Planned Development,Planned Development Amendment,Preliminary Plat,or other development request(s)shall include and require concurrent approval of a PDP.If a project is scheduled for multiple public processes, the PDP may be subject to review and approval at any or all public meetings. PDPR and approval shall be based on compliance with the minimum requirements of the City's General Plan, Zoning Ordinance,Landscaping,Screening and Signage regulations,Engineering and Design Guidelines,and all other applicable ordinances/codes. SECTION 25.0105 APPEAL Should any party disagree with any decision of the Development Services Director or any person acting in the capacity as a Zoning Administrator concerning any issue relating to the PDPR process, the matter may be appealed to the Board of Adjustment 3 with a Hearing to be held within 60 days of filed appeal pursuant to Article 11 of this Code. 4