HomeMy WebLinkAboutRES 25-19 RESOLUTION NO. 25-19
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, APPROVING A CONDITIONAL USE
PERMIT IN CASE NO. P-24-104-CUP REQUESTED BY WOLFF
ENTERPRISES III, LLC, REPRESENTED BY GILBERT BLILIE
PLLC, FOR A 336-UNIT THREE-STORY RESIDENTIAL RENTAL
COMMUNITY ON PROPERTY ZONED CITY CENTER ("B-3") .
WHEREAS, a conditional use permit ("CUP") application was
submitted on October 31 , 2024, to the planning division of the
City of Apache Junction ("City") , by Wolff Enterprises III, LLC
("Developer") , requesting approval of a CUP to permit the land use
of a 336-unit three-story residential rental community, as
described in the materials submitted with case file no . P-24-104-
CUP and as otherwise conditionally approved herein, for the
property which is legally described below:
Parcel 101-11-005A:
A parcel lying in the east half of section 20, township
01 north, range 08 east, Pinal County, Arizona, as shown
in record of survey 2014-026466 and a portion of an
abandoned right-of-way more particularly described as :
commencing at the east quarter corner of said section
20, thence north 1348 . 27 feet, thence west 326. 55 feet
to the point of beginning, thence south 228 . 66 feet,
thence south 37 degrees west 97 . 56 feet, thence north
305 . 69 feet, thence east 60 . 00 feet to the point of
beginning, 16, 031 . 00 square feet, 17 . 87 acres .
WHEREAS, on April 8, 2025, after holding a public hearing on
the application and hearing public testimony and the planning and
zoning commission voted 5: 2 to deny the requested CUP; and
WHEREAS, on April 23, 2025, pursuant to the Apache Junction
City Code ("A.J.C.C. ") , Volume II, Chapter 1 : Zoning Ordinance,
Article 1-16 : Administration, § 1-16-12 (D) (7) , Developer timely
submitted to the planning division a formal city council appeal of
the planning and zoning commission' s decision; and
RESOLUTION NO. 25-19 S
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WHEREAS, on June 17, 2025, the city council held a public
hearing on the application and heard public testimony.
NOW, THEREFORE, BE IT RESOLVED by the mayor and city council
that that the planning and zoning commission' s April 8, 2025
decision is OVERRULED, and consequently the CUP request is GRANTED
as the proposed use, the manner of its conduct and any structures
built on the property, will not be detrimental to persons residing
or working in the area, to adjacent property, to the neighborhood
or the public welfare in general based on the factors set forth in
the A.J.C.C. , Vol . II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-16: Administration, 1-16-12 (D) (3) ,
subsections (a) through (g) ;
AND FURTHER RESOLVED, that the following conditions apply to
this CUP approval :
1) The project shall be developed in accordance with the plans
attached and associated with case P-24-104-CUP, associated
Design Review Case No. P-24-103-DR, and all the provisions
of the zoning ordinance and city codes applicable to this
case.
2) The proposed development will not be age-restricted.
3) Landscape, screening and irrigation improvements, planted
within a minimum 10-foot deep strip inside the net property
line along the west perimeter of the property along N.
Plaza Drive shall be provided in compliance with City' s
landscape and screening requirements contained in Apache
Junction City Code, Volume II, Land Development Code,
Chapter 1 : Zoning Ordinance, Article 1-8 : Landscape
Regulations . All required trees shall be 24" box and all
required shrubs shall be 5-gallon in size.
4) Landscape and irrigation improvements that are located
within the Plaza Drive and Apache Trail right-of-way must
comply with City' s Public Works requirements including the
spacing away from streetlights. Maintenance, replacement,
and possible relocation of the landscaping within the
adjacent right-of-way shall remain the responsibility of
the property owner and their successors per the standards
RESOLUTION NO. 25-19
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s
contained in Apache Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning Ordinance, Article 1-
8 : Landscape Regulations .
5) All applicable permits shall be applied for and plans shall
be designed to current city codes prior to any lot grading
or construction.
6) Developer' s engineer shall meet the civil engineering
improvement plans and document requirements, as outlined
in the previously provided pre-application and review
comments and in accordance of City' s approved engineering
standards that are in effect at the time of plan submittal .
7) All common and amenity areas within the proposed
development, including perimeter walls and fences, and
interior and exterior common area landscaping, shall
always be maintained in good condition by Developer, the
property owner and their successors, or designated
property management company.
8) Developer shall work with the local U. S. Post Office to
determine whether the existing chain link fencing located
on the northern property line can be removed and replaced
with an alternate fencing material, such as wrought iron
view fencing.
9) Apartment management will participate in the Apache
Junction Crime Free Multi-Housing Program for as long as
that program is supported by the Apache Junction Police
Department. Apartment management will provide proof of
such participation to the Development Services Department
on the anniversary of the grand opening each year.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 2025 .
SIGNED AND ATTESTED TO THIS j l DAY OF fft4 h f 2025.
RESOLUTION NO. 25-19
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j4)Alf
WALTER "CHIP" WILSON
Mayor
ATTEST:
VETTE MCKINNEY
ity Clerk
APPROVED AS TO FORM:
6•19,25
RICHARD JOEL STERN
City Attorney
RESOLUTION NO. 25-19
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