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HomeMy WebLinkAboutORD1318ORDINANCE NO. 1318 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,VOLUME II,LAND DEVELOPMENT CODE, CHAPTER 6,LANDSCAPING AND SCREENING REQUIREMENTS, ARTICLE 6-1,BY REPEALING CURRENT SECTION 6-1-6(D), UNDERGROUNDING OF OVERHEAD UTILITIES;ADOPTING BY REFERENCE A RETITLED AND REVISED SECTION 6-1-6(D); REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. WHEREAS, the Apache Junction City Council has recently re- examined the regulations regarding undergrounding of overhead utility lines which were originally adopted by Ordinance 940 in 1996 and amended by Ordinance 1197 in 2004; and WHEREAS, an ordinance amendment has been drafted to, among other things,create a proportionate balance between the public's aesthetic interest in underground utility Improvements and the private interest in reasonable funding of such improvements; and WHEREAS, the ordinance amendment identifies locations where the aesthetic benefit of underground utilities is best served, and identifies criteria that will provide the opportunity for reasonable exemptions from the undergrounding requirement; and WHEREAS,on November 6,2007,the Mayor and City Council reviewed various options and directed staff to return with an option that requires undergrounding of overhead lines and equipment that would provide the most visible impact and takes into consideration adjacent property characteristics; and WHEREAS, staff presented a proposed ordinance amending the current code provisions to the Apache Junction Planning and Zoning Commission on May 27, 2008 and the Commission voted 4 to 1 (with two vacancies), to recommend approval of said ordinance; and WHEREAS, Staff presented the same proposed ordinance to the Mayor and City Council on June 16, 2008 at its work session and on July 1, 2008 at its regular meeting during a Public Hearing; and ORDINANCE NO. 1318 PAGE 1 OF 3 WHEREAS, A.R.S. § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence 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 the undergrounding of lines and equipment. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL 1. That the Apache Junction City Code,Volume II, Land Development Code,Chapter 6,Landscaping and Screening Requirements,Article 6-1, Section 6-1-6(D),Undergrounding of Overhead Utilities is hereby repealed in its entirety and is readopted as reflected in the new text of the document referenced in number 2 below. 2. That certain document known Volume II,Land Development Code and Screening Requirements, as "Apache Junction City Code, Land Development Code,Chapter 6,Landscaping Article 6-1, Section 6-1-6(D), Undergrounding of Overhead Lines and Equipment,"three copies of which are on file in the office of the City Clerk, which document was made a public record by Resolution No. 08-15 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 PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the code adopted herein by reference are hereby repealed. ORDINANCE NO. 1318 PAGE 2 OF 3 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 JULY ,2008. SIGNED AND ATTESTED TO THIS 911-1 DAY OF JULY ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: •=z46 178 08 R. JOEL STERN City Attorney ORDINANCE NO. 1318 PAGE 3 OF 3 Mayor , 2008. AMENDMENT TO APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 6, LANDSCAPING AND SCREENING REQUIREMENTS, ARTICLE 6-1, SECTION 6-1-6(D) SECTION 6-1-6(D)UNDERGROUNDING OF OVERHEAD LINES AND EQUIPMENT 1.Purpose and Intent:The purpose and intent of this subsection is to protect the aesthetics of the City, namely, to protect the views of the Superstition Mountains and to remove the obnoxious visual effects of unsightly overhead lines and equipment, while at the same time taking into consideration the financial burden on the property owner and/or developer due to the increasing cost of undergrounding overhead lines. 2.Applicability:All new or existing overhead lines and equipment (i.e.,poles,towers,supports,wires, conductors,guys,stubs,platforms,crossarms,braces, transformers,insulators,cutouts,switches,communication circuits,appliances,attachments and appurtenances used for electrical,communication,entertainment,and information transmission purposes)located along the property's road frontage shall be placed underground at the developer's or property owner's cost as a condition of development and/or redevelopment approval if all of the following conditions apply: a. Electrical power lines are 12 kilovolt ("kv")or less capacity;and b. The width of property (i.e.,development site) frontage exceeds 150 feet;and c. The proposed development/redevelopment is located along a major arterial (i.e.section line)road including Old West Highway,Apache Trail,State Route 88, on any new private and public streets, or within any adopted redevelopment area. 3.Required Written Request and Approval Criteria:All requests for exemption from this requirement must be presented in writing to the Development Services Director or his or her designee prior to development or redevelopment approval by the City.The Development Services Director or his or her designee may exempt or -1- conditionally exempt a proposed development O r redevelopment from the requirement to place new and/or existing overhead lines and equipment underground after confirming any of the following: a. The adjacent land on both sides of the proposed development/redevelopment property is developed with existing structures or buildings and has existing overhead lines and equipment located along the property's public or private road frontage. b. The character of existing development within the immediate area exhibits a dominant pattern of existing overhead lines and equipment. c. The proposed development/redevelopment is a minor addition or modification to an existing site/building."Minor" is defined as a building addition of less than 25% of the existing building's gross floor area. d. The proposed development results subdivision of three or less lots. in a minor e. The developer demonstrates that undergrounding overhead lines and equipment will be an unusual and extreme economic hardship and the cost of undergrounding is disproportionate to the aesthetic benefit resulting from such undergrounding. In no case shall new utility service extensions from existing service/transmission lines to a proposed subdivision or non-residential development/redevelopment be exempted from the undergrounding requirement. 4.Appeal:Applicants aggrieved by the decision of the Development Services Director or his or her designee may appeal such decision to the City Council within twenty (20) calendar days after the Development Services Director's or his or her designee's decision has been made.