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HomeMy WebLinkAboutORD940ORDINANCE NO.940 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 BY ADDING CHAPTER 6,ARTICLE 6-1,LANDSCAPING AND SCREENING REQUIREMENTS AND AMENDING THE APACHE JUNCTION CITY CODE SECTION 7-1-1,CONFORMITY WITH THE APACHE JUNCTION CITY CODE.VOLUME II.LAND DEVELOPMENT CODE.CHAPTER 1: REPEALING ANY CONFLICTING PROVISIONS:PROVIDING FOR SEVERABILITY:AND DECLARING AN EMERGENCY. NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL:AMENDMENT OF APACHE JUNCTION CITY CODE. VOLUME II.LAND DEVELOPMENT CODE That the Apache Junction City Code,Volume II,Land Development Code,be amended by adding Chapter 6,Article 6-1 Landscaping and Screening Requirements to read as follows: Section 6-1-1 Intent and Purpose The Landscaping and Screening Requirements Chapter of the Land Development Code is intended to provide minimum standards for the creative design and installation of landscaping,walls and other screening devices so as to promote the general health,safety and welfare of the community.This is accomplished by encouraging the creation of safe and attractive appearances along the public streets,and minimizing the visual impact of uses which may be unattractive to the public eye.Landscaping materials,including ground covers,shrubs and trees,further assist with the control of erosion, reduction of glare and dust generation,as well as the visual softening of buildings,walls and parking areas.Walls and screening devices allow for the separation of unrelated uses and for the buffering of intensive activities. The standards set forth herein are recognized as assisting in promoting sustainable development and privacy,and strengthening property values. ORDINANCE NO.940 PAGE 1 OF 16 Section 6-1-2 Applicability The standards outlined in this Chapter shall apply to the following structures and uses in all commercial,retail,office,industrial and multiple -family uses and zones: A.All structures and uses of land established or developed after the effective date of this Ordinance. B.When a change of use occurs to an existing structure or use,a minimum of fifty (50)percent of the requirements outlined in Article 6-1 shall be required.Exact physical location,number and type of plantings, etc.,of required improvements are subject to approval by the Development Services Director. C.Established uses which propose physical alterations or expansions in the amount of twenty-five (25)percent or more of the existing building square footage. Section 6-1-3 Submittal Requirements A.Site plans shall include,at a minimum,the location of all existing and proposed structures and uses,parking areas,street improvements, locations and types of landscaped areas,walls,screening devices, retention basins,and wall elevations. B.Four (4)copies of the Landscaping Plan shall be submitted at the time of application for a Building Permit. C.Building Permits shall not be issued prior to the written approval of the Landscaping Plan. Section 6-1-4 General Requirements A.Landscaping,watering devices,walls,and screening structures shall be installed in accordance with the approved,final Landscaping Plan prior to the issuance of a Certificate of Occupancy or final inspection,as applicable,for the building or use.A site inspection must be conducted by the Planning Division to verify installation of the above- indicated items.I t is the owner's (or owner's representative's) ORDINANCE NO.940 PAGE 2 OF 16 responsibility to make such an inspection appointment with the Planning Division.A surety bond,cash deposit or assured letter of credit,in an amount to guarantee the installation of the landscaping within six (6)months from the date of issuance of the Certificate of Occupancy or final inspection,may be permitted by the Development Services Director in lieu of immediate installation of plant materials.The allowable installation period will not be extended more than six (6)months from the date of the Certificate of Occupancy or final inspection. B.A structure or site requiring rezoning,variance or use permit approval shall include review of the Landscaping Plan by the City Council or by the applicable City Board or Commission. Section 6-1-5 Landscaping A.General Requirements 1.Any part of a site not utilized for structures,parking, driveways,sidewalks,etc.shall be landscaped. 2.An water system shall be provided to all vegetative landscaped areas where plantings are located. 3.In order to control storm water flows and minimize damage to plantings by vehicular traffic,all landscaped areas adjacent to vehicular parking and access areas shall be protected by six (6) inch vertical concrete curbing or similarly -dimensioned,anchored wheel stop,or other alternative approved by the Development Services Director. 4.All trees and plant material used within the City shall conform to the current recommended plant listing of the Arizona Department of Water Resources or alternative materials that are drought- resistant,native or naturalizing and accepted by the City of Apache Junction Parks and Recreation Department. B.Streetscape 1.Public right-of-ways shall be landscaped. ORDINANCE NO.940 PAGE 3 OF 16 2.Required yards fronting on a public street in commercial and multiple -family uses and zones shall be entirely landscaped, excluding driveways and walkways. a.A minimum of ten (10)percent of any site located in a commercial or multiple -family zone shall be landscaped. 3.The following landscaped setbacks shall apply to any building site in industrial zones: a.Along section -line arterial streets,required yards shall be entirely landscaped. b.Along all other streets,a minimum ten (10)foot landscaped yard shall be required. c.Parking and maneuvering areas shall not be permitted in the landscaped yards cited above excepting driveways and walkways. d.A minimum of five (5)percent of any site located in an industrial zone shall be landscaped. 4.Landscaping shall be provided along the street frontage between the street or sidewalk and any structures,parking areas,loading or storage areas in accordance with the following standards: a.The intersections of arterial,section-or mid -section -line streets are a dominant feature for the urban landscape,and serve as major focal points for activity in the community. Due to the visual importance of these intersections, additional landscaped setbacks and design features --beyond the required minimum standards --may be imposed on properties at these intersections by the City at the time of rezoning and/or site plan approval.Such additional features may involve: 1)wider and deeper setbacks; 2)unique building orientations and design; 3)special landscape features such as fountains,walls or screening devices: 4)unique building architecture. ORDINANCE NO.940 PAGE 4 OF 16 b.Where existing structures or adjacent parcels are built to the street property line,landscaping may be modified or located elsewhere on approval of the Development Services Director. 5.Clustering of trees and shrubbery shall be encouraged in order to accent focal points or landmarks,and to provide variety to the streetscape.Contouring of the ground,and placement of the mounds and earth berms along the streets,is strongly encouraged. Tree sizing requirements a.Trees,with a minimum size as specified herein,shall be planted at the rate of one (1)per thirty (30)feet of linear street frontage,not thirty (30)feet on center.A minimum of twenty-five (25)percent of the required trees shall be twenty-four (24)inch box trees.A minimum of two (2)trees per parcel shall be required. b.All trees required by this Chapter shall meet a minimum trunk height of six (6)feet,with a minimum one and one- half (1-1/2)inch caliper,measured four (4)feet above the ground.Multi -trunk trees may have smaller average caliper measurements.Palms shall have a minimum trunk height of .five (5)feet.[This size tree is generally referred to as 'fifteen (15)gallons'in the landscaping industry.] c.Twenty-four (24)inch box trees shall have a minimum trunk height of eight (8)feet,with a minimum of two (2)inch caliper measured four (4)feet above the ground.Multi- trunk trees may have smaller average caliper measurements. Palms shall have a minimum trunk height of eight (8)feet. 7.Shrubbery with a minimum size of five (5)gallons shall be required to be planted in appropriate numbers to complement the placement of trees,but in no case shall there be less than two (2)shrubs per twenty (20)feet of linear street frontage. ORDINANCE NO.940 PAGE 5 OF 16 Landscaping plans which propose at least twenty (20)percent more shrubbery than the minimum requirement may be considered for a size reduction from a five (5)gallon to a one (1)gallon size for not more than fifty (50)percent of the total requirement for shrubbery. C.Ground Cover The City requires the use of low-water consumptive plants,indigenous or naturalizing to this region as prescribed by the current Arizona Department of Water Resources listing.The following standards shall apply: 1.A minimum of twenty-five (25)percent of all frontage landscaped areas shall be covered with vegetative growth which generally does not exceed eighteen (18)inches in height at maturity. 2.Vegetative ground cover shall be located so as to accentuate landmarks or focal points on a site and to create a "lush" appearance to the landscaped section from public streets and areas. 3.Inorganic ground cover such as decomposed granite,crushed decorative rock,river run and/or boulders,shall be of sufficient variety in terms of color,texture,and materials to provide a pleasant and diverse appearance to the streetscape.Mounding and contouring of landscaped areas is required.An impervious weed barrier or pre -emergent chemical treatment shall be applied to the bare ground prior to the placement of inorganic ground cover materials.Chemical weed inhibitors,that will not leach into the groundwater,shall be utilized for continued long-term maintenance of said areas. D.Transition/Separation of Uses 1.Where industrial or commercial uses are located adjacent to,or separated by an alley from,any residential use or zone,a ten (10)foot wide landscape strip,planted with one (1)tree every twenty (20)linear feet,shall be required along the common property line.Trees must be non -deciduous and shall not be clustered. ORDINANCE NO.940 PAGE 6 OF 16 A masonry wall,a minimum of eight (8)feet in height,shall be required along the common property line.Terraced wall designs are strongly encouraged. 2.A masonry wall,a minimum of six (6)feet in height,shall be required along interior property lines separating individual development sites.Such walls shall be located behind the front yard setback.Within the front yard setback,wall height shall be a maximum of three (3)feet in height. 3.Walls which front on a public street shall be constructed of masonry with stucco,slump block,decorative block,brick or a combination thereof,designed to complement the main building on the site.Wrought iron may be integrated into the wall design. 4.When commercial or industrial uses are adjacent to a residential use or district,the following building separation to property line shall apply: Building Height Setback** up to 25 feet 25 feet 26 feet or over 50 feet **This does not apply to accessory uses. E.Parking Lot Landscaping 1.A minimum of five (5)percent of the parking lot and driving aisle area shall be landscaped,exclusive of required front yard or perimeter landscaping and street trees.Such landscaping shall consist of landscaped islands located within the perimeter of the parking lot. 2.A minimum of one (1)tree shall be provided for every eight (8) parking spaces,exclusive of perimeter landscaping and street trees.Trees must be planted in landscaped islands within the parking lot. 3.Islands or landscaped areas shall be installed at least every twelve (12)consecutive parking spaces;such islands shall be a minimum of five (5)feet wide and contain a minimum of fifty (50) square feet in area. ORDINANCE NO.940 PAGE 7 OF 16 4.All parking lots shall be separated from adjacent residential uses or zones by a ten (10)foot landscaped strip planted with a minimum of one (1)tree every twenty (20)linear feet and an eight (8)foot masonry wall.Terraced wall designs are strongly encouraged. 5.All parking lots shall be screened from public streets by walls or earth berms or a combination thereof,constructed at least three (3)feet above the grade of the parking lot or adjacent street, whichever is higher in elevation. Variety in the alignment and style of the walls is encouraged. Said walls shall be decoratively designed to complement the facade of any buildings on the site and shall be constructed of slump block,decorative block,brick or masonry with a mortar wash or stucco finish,or a combination thereof.Vertical and horizontal undulation is encouraged. 6.Any landscaped area used for vehicular overhang may be counted towards landscaping requirement.Overhang,as measured from the front edge of the parking space into the landscaped area,shall not exceed eighteen (18)inches in depth. F.Retention Basins 1.All private and public stormwater retention basins in commercial, industrial and multiple -family projects shall be landscaped.Such basins may not occupy more than fifty (50)percent of any landscaped area fronting on a public street,except that where exceptional design or shallow depths are proposed for the retention basin,the Development Services Department may permit a greater use of the frontage landscaped area. 2.The bottom of the retention basin shall be landscaped with inorganic materials of sufficient variety in terms of color, texture,and material to provide a pleasant and diverse appearance.The slopes of the retention basin shall be landscaped with vegetation. 3.Should the location of a retention basin be in the frontage area of a parcel,the basin shall be contoured and designed as an integral part of any frontage landscaping and shall not take on ORDINANCE NO.940 PAGE 8 OF 16 the appearance of a barren ditch.Maximum side slopes of basins shall be a four -to -one (4:1)ratio:side slopes of six -to -one (6:1)ratios are preferred. G.Maintenance 1.All landscaping shall be reasonably maintained and any dead plant material shall be replaced within thirty (30)days.Maintenance shall include,but not be limited to,removal of debris,pruning, trimming,watering,or other requirements to create an attractive appearance for the development.Maintenance must ensure that pedestrian and vehicular traffic will not be obstructed by any of the vegetation. 2.The maintenance of landscaping in the public right-of-way [ref. Engineering Guidelines for the City of Apache Junction]shall be the responsibility of the adjacent property owner,whether an individual,agent,corporation,or homeowner's association. 3.Lack of maintenance shall constitute a violation of this Chapter of the Land Development Code and will be punishable pursuant to the provisions of Article 1-8(A)of the Apache Junction City Code, Volume I. Section 6-1-6 Site Organization and Development A.Screening Standards 1.In accordance with Section 6-1-5.A.all outdoor storage areas for materials,trash,equipment,vehicles or similar items shall be screened from view along all public street frontages by a six (6) foot wall constructed of slump block,decorative block,brick or masonry with a stucco or mortar wash finish,or a combination thereof,designed to complement the main structure on the site. Commercial and industrial outdoor storage uses,such as boat and RV storage lots,contractor's yards,etc.,shall be subject to these screening requirements. 2.The storage of materials,trash,equipment,vehicles,or other items within an enclosed storage area shall not be visible from adjoining public streets. ORDINANCE NO 940 PAGE 9 OF 16 3.All loading,delivery and service bays shall not front onto a public street and shall be screened from public view with at least a six (6)foot wall constructed of slump block,decorative block, brick or masonry with a stucco or mortar wash finish,or a combination thereof,designed to complement the main structure on the site. 4.Dismantling,servicing,repairing,etc.of vehicles and/or equipment shall be within completely enclosed structures or within an area enclosed by six (6)foot brick,block or masonry walls. 5.Parking lots shall be screened from street view in accordance with the requirements as provided in the Land Development Code, Chapters 1,2,and 6,or as may hereafter be amended. 6.Outside display of cars,boats,trailers,trucks and other vehicles intended for sale shall meet the paving and screening requirements for parking lots. Vehicles offered for sale by a state licensed dealership shall receive a fifty (50)percent reduction of screening requirements only.No reduction of minimum landscaping requirements shall be considered.Proof of valid state dealership license shall be required. 7.Car wash service bays shall not face onto,nor be visible from, any public street and are subject to the screening standards in Screening Standards in Section 6-1-6.A.3,of this Code. 8.Equipment used for dispensing fuel products (i.e.,gas,diesel, propane,etc.)shall be located at least twenty (20)feet from the front yard setback. 9.The outside,on -site display of sale items directly related to the business shall be located no more than ten (10)feet from the main building.In all cases,no more than ten (10)percent of the front area dimension of the main building shall be used for outside display purposes. 10.Service areas and bay doors shall not front onto,or be visible from,any public street and are subject to the Screening Standards in Section 6-1-6.A.3,of this Code. ORDINANCE NO.940 PAGE 10 OF 16 11.Service stations which are situated within a larger commercial development shall be separated from adjacent property by a thirty to thirty-six (30-36)inch wall,landscaping or curbing,except for necessary driveways,in order to control vehicular movements and circulation. 12.To preserve visibility and ensure both driver and pedestrian safety,no walls,structures or other obstructions in excess of two (2)feet in height shall be placed on any corner lot within a triangular area formed by the street right-of-way lines and a line connecting them at points thirty-three (33)feet from the point of intersection of the right-of-way lines.Trees may be located within the triangle provided they are pruned to a height of forty- eight (48)inches from ground -level in order to permit unobstructed vision. B.Driveways 1.The following schedule shall serve as a guide for the allowable number of driveways on a site unless modified by traffic studies: a.One driveway per abutting street: b.One additional driveway per site for sites with a continuous frontage of more than six hundred (600)feet: c.An additional service driveway may be allowed where patrons of the development are not likely to use i t (example: service driveway for a shopping center). 2.Driveways shall not be located closer than twenty-five (25)feet to the point of curvature of a curb return. 3.The joint use of driveways by two (2)or more adjoining parcels is strongly encouraged. 4.A traffic impact analysis shall be required for any commercial/ industrial structure or combination of structures totaling fifty thousand (50,000)square feet or greater in size. 5.All structures must have adequate access for fire and emergency vehicles.The minimum width of a fire lane shall be twenty (20) feet;the lane shall remain unobstructed at all times. ORDINANCE NO.940 PAGE 11 OF 16 6.In accordance with Section 6-1-6.B.12 of this Code,triangular areas formed by the intersection of the driveway and the public right-of-way (on each side of the driveway),and a line connecting them at points twenty (20)feet from the point of intersection, shall be established and maintained. C.Miscellaneous Design Standards 1.All outdoor lighting shall be directed downward and screened away from adjacent properties and streets.The light source (bulb, tube,etc.)shall not be visible from any adjacent property or street.All requirements of Chapter 1,Zoning Ordinance,Article 23,Outdoor Light Control Regulations,of this Code shall be met. 2.Security lighting for developments shall be provided according to the requirements of Chapter 1,Zoning Ordinance,Section 19.0106(5)of this Code. 3.All undeveloped building pads within developed shopping centers or similar projects shall be chemically treated,maintained or landscaped to control weeds,dust and erosion. 4.Electric utility,cable TV and all other utility lines for new structures shall be placed underground.Overhead lines are prohibited. Section 6-1-7 Appeal to City Council A.Any person affected by the application of any provision of this chapter may appeal either the interpretation or application of this chapter to the City Council.The authority of the City Council shall extend only to the interpretation of the provisions of this chapter and to the granting of a variance or the adjustment of the regulations to overcome practical difficulties and prevent unnecessary hardship in the application of the regulations contained in this chapter.The City Council shall have the power to: 1.Interpret this chapter when the meaning of any word or phrase of a section is in doubt:when there is a dispute as to such meaning between the appellant and the Department of Development Services; or when the location of a boundary is in doubt. ORDINANCE NO.940 PAGE 12 OF 16 2.Authorize variances,at a duly convened public hearing,from the strict application of the provisions of this chapter in such cases in which the strict application of such provisions would result in the serious impairment of a substantial property right,upon a showing as required in subparagraphs C.1 through C.3 herein, provided that the special circumstances applicable to the property are not self-imposed by the property owner,and further provided that the long-term interests of the community are given full consideration. B.Application for either an appeal of an interpretation of the provisions of this chapter or any permissible variance of regulations,as provided herein,shall be made by the affected person to the City Council on forms provided.Said application shall be filed in the Office of the Planning Division of the Department of Development Services and shall be accompanied by the following: 1.Accurate plot plans and descriptions of the property involved and the proposed use with preliminary floor plans and elevations of all proposed buildings. 2.Evidence satisfactory to the City Council,of the ability and intention to proceed with actual construction work in accordance with said plans within six (6)months after Council approval. 3.A list showing the names and addresses of all persons,firms,or corporations appearing on public record as owning property within the area proposed to be affected and within 300 feet of any part of the property for which a variance is requested.The Planning Divisions shall satisfy itself as to the completeness of said list prior to setting a date for public hearing. 4.A nonrefundable filing fee of $250.00 shall be paid at the time of filing of the application.A continuance of a case at the request of the applicant requires a nonrefundable filing fee of $125.00. 5.Upon determination of the completeness of the application,the City Council shall proceed to hold a public hearing on the application.Notice of the time and place of the hearing including a general explanation of the matter to be considered and a general description of the area,shall be given at least fifteen ORDINANCE NO.940 PAGE 13 OF 16 (15)days before the hearing by publication of the notice at least once in a newspaper of general circulation In the City of Apache Junction;by posting the notice in conspicuous places close to the property affected;and by depositing in the United State mail notices thereof addressed to the owners as shown on the list submitted by the applicant under the provisions herein above. C.At a public hearing for a variance,the applicant at the hearing shall present a statement and adequate evidence,in such form as the Council shall require,showing: 1.That there are special circumstances or conditions attached to the property upon which the proposed building,structure,wall, landscaping,or other improvement is sought to be placed or erected,which circumstances or conditions do not apply generally to other land,buildings,or improvements on other property in the neighborhood subsequent to the adoption of this ordinance.In making this showing,the applicant must show that the special circumstances applicable to the property are not self-imposed. 2.That the granting of the application is necessary for the preservation and enjoyment of substantial existing property rights where the shape of the building site,topography,location,of existing buildings,or other conditions make a strict compliance with said regulations impossible without practical difficulty or hardship.In making this showing,the applicant must show that the practical difficulties or hardships are not self-imposed. 3.That the granting of the application will not materially affect the health,safety,or welfare of persons residing,working,or otherwise located in the neighborhood,and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. The City Council may approve or deny any such application.In approving any application,the Council may designate such conditions in connection therewith as will,in its opinion,secure substantially the objectives of the regulation or provision to which such variance is granted,but in no case shall these regulations be reduced in such manner as to violate the intention and purpose of this ordinance.The Council,when granting ORDINANCE NO.940 PAGE 14 OF 16 such request,shall set forth in writing the conditions imposed in order to cause the minimum possible interference with the general purposes of this chapter. D.It shall be unlawful to violate any condition upon which a variance has been granted,punishable pursuant to the provisions of Article 1-8(A)of the Apache Junction City Code,Volume I.Where any condition under which a variance has been granted is violated,the variance shall cease to exist and any permit issued thereon shall become null and void. SECTION I I GENERAL,AMENDMENT OF SECTION 7-1-1,APACHE JUNCTION CITY CODE, Section 7-1-1 of the Apache Junction City Code is hereby amended to read as follows: Section 7-1-1 Conformity with the Apache Junction City Code,Volume II, Land Development Code In addition to the provisions contained in this Chapter,all construction shall conform to the Apache Junction City Code,Volume II,Land Development Code or as may hereafter be amended. SECTION III REPEALING OF CONFLICTING ORDINANCES 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. SECTION IV 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 portion thereof. ORDINANCE NO.940 PAGE 15 OF 16 SECTION V EMERGENCY CLAUSE WHEREAS,it being necessary for the peace,health,and safety of the City of Apache Junction,Arizona,an emergency is declared to exist,and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 2oTHDAY OF FEBRUARY .1996. SIGNED AND ATTESTED TO THIS 26TH DAY OF ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO.940 PAGE 16 OF 16 FEBHuARy ,1996. DOUGLAS ELEMAN Mayor APPROVED AS TO FORM: Ko///Ad I NN BNNJ.61M y Attorney