HomeMy WebLinkAboutORD1155ORDINANCE NO 1155
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT
MAJOR AMENDMENT,CASE PZ-6-01,FOR A 33.5 -ACRE,CR-5/PD
(MULTI -FAMILY HOMES BY PLANNED DEVELOPMENT) -ZONED PROPERTY,
LOCATED NEAR THE .SOUTHWEST CORNER OF W.TEPEE STEET AND N.
IDAHO ROAD,BY AMENDING ORDINANCE NO.456:REPEALING ANY
CONFLICTING PROVISIONS,AND PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THAT:
SECTION I:IN GENERAL
'Ordinance No.456 shall remain in full forte and effect,except that
Stipulation No.5 thereunder shall be deleted.Ordinance No.456 is
hereby amended for the purpose of approving a preliminary planned
development concept plan for the proposed "Idaho Creek Condominiums"by
Del Pueblo Homes of Arizona.Incorporated.The preliminary planned
development concept plan.as described herein and in Case File No.PZ-
6-01,proposes a 244 unit,attached,single family condominium
sUbdivision with landscape features,open .spaces.building.height and
setback deviations,and several model designs,, for the property legally
described as follows:
PARCEL I (Pinal County APN No.100-31-001G):
The North half of the Northwest quarter of the Northeast quarter
of the Southeast quarter of Section 17.Township 1 North.Range 8
East of the Gila and Salt River Base and Meridian,Pinal County.
Arizona;
EXCEPT the North 40 feet and the West 33 feet thereof:and also
EXCEPT a portion of the North half of the Northwest quarter of
the Northeast quarter of the Southeast quarter of Section 17.
Township I North.Range 8 East of the Gila and Salt River Base
and Meridian,Pinal County Arizona.described as follows:
Commencing at the Northwest corner of the Northeast quarter of
ORDINANCE NO.1155
Page 1 of 6
the Southeast quarter;
Thence -East along the North line of the Northeast quarter of the
Southeast quarter,aAistancer,of feettcka point:
Thence South along a linepslralleTt;o and53“eet distant to the
West line of the Northeast quarter Of2the,S0theast quarter,a'
distance of 40 feet :tu,the. POINTOF BEGINNING;
Thence West along a line Oatalle:htoa,nd 40 feet distant to the
North line -of the Southeast quarter.a distance of 20 feet to a
point;
Thence South along a line parallel to and 33 feet distant to. the
West line of the Northeast quarter of the Southeast quarter.,a
distance of 20 feet to a point:
Thence proceeding in a Northeasterly direction to the POINT OF
BEGINNING.;and also
EXCEPT that portion lying within the Quail Creek Condominiums,a
condominium as created by that certain Declaration recorded
December 27,1993,and as shown on the plat of said condominium
in Cabinet B,Slide 81:and re-recorded in Cabinet B.Slide 82,
in the office of the County Recorder in Pinal County,Arizona;
and also
EXCEPT all oil,gas and other mineral deposits,as reserved to
the United States of America,in Patent.
PARCEL I I (Pinal County APN No.100-31-001H):
The North Half of the Northwest quarter of the Southeast quarter
of the Southeast quarter of Section 17,Township 1 North,Range 8
East of the Gila and Salt River Base and Meridian,Pinal County,
Arizona:
EXCEPT West 33 feet thereof:and also
EXCEPT all oil,gas and other mineral deposits,as reserved to
the United States of America,in Patent.
ORDINANCE NO.1155
Page 2 of 6
AND
The South half of the Southwest quarter Of the Northeast quarter
of the Southeast quarter of Section 17,Township 1 North,Range 8
East of the Gila and Salt River BaSe and Meridian,Pinal County,
Arizona;
EXCEPT West 33 feet thereof:and also
EXCEPT that portion lying within the Quail Creek Condominiums,a
condominium as created by that certain Declaration recorded
December 27,1993.and as shown on the plat of said condominium
in Cabinet B.Slide 81:and re-recorded in Cabinet B,Slide 82.
in the office of the County Recorder in Pinal County.Arizona;
and also
EXCEPT all oil,gas and other mineral deposits.as reserved to
the United States of AMerica,in Patent.
AND
The South half of the Southeast quarter of the Northeast quarter '
of the Southeast quarter of Section 17,Township 1 North,Range 8
East of the Gila and Salt River Base and Meridian,Pinal County
Arizona;
EXCEPT the East 50 feet;and also
EXCEPT the South 99 feet;and also
EXCEPT that portion lying within the Quail Creek Condominiums,a
condominium as created by that certain DecTaratioh recorded
December 27,1993,and as shown on the.plat of said condominium
in Cabinet B.Slide 81;and re-recorded in Cabinet B,Slide 82,
in the office of the County Recorder Pinal County,Arizona;
and also
EXCEPT all oil,gas and other mineral deposits.as reserved to
the United States of America.in Patent.
AND
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Page 3 of 6
The North half of the Northeast quarter of the Southeast quarter
of the Southeast quarter of Section 17,Township 1 North,Range 8
East of the Gila and Salt River Base and Meridian,Pinal County
Arizona:
EXCEPT that portion of said Section 17,described as follows:
That portion of E.Roundup Street located in the North half
of the Northeast quarter of the Southeast quarter of the
Southeast quarter of Section 17,as recorded in Docket 1217,
Page 748 of Pinal County Records.
Ordinance No.456.is amended by deleting Stipulation No.5,and
supplemented with the following conditions of approval pertaining to
the properties proposed to be developed under Case File No.PZ-6-01:
1)The final planned development plan and future subdivision
plans shall conform substantially with the submitted and
approved preliminary planned development concept plan,
including,but .not limited to items such as setbacks,lot
and street layout,open space configuration,recreational
amenities,landscape concept,and a minimum of three model
types.
2)The final planned development plan shall exceed the minimum
required landscaping.usable open -space and play stations,to be
determined by the City's Parks and Recreation Department.
3)The final planned development plan shall comply with the
provisions of Article 19 -Planned Development Regulations minimum
requirements for open space relative to density.
4)The property owners shall improve to the City Engineer's
standards,any necessary portions of right-of-way abutting the
site.Said improvements may include,but,not necessarily be
limited to,the provision of, curbs,gutters,sidewalks,
driveways,streetlights,retention basins..
5)The property shall be developed within 24 months of planned
development plan approval or else the plan may be subject to
reversion to its former classification by City Council
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legislative action pursuant to Arizona Revised Statutes Annotated
§9-462.01.
6)Within one year of preliminary planned development plan approval,
the -applicant shall submit for formal review,a preliminary
subdivision plat for the proposed development.
7)Any use or development of the property shall be conditioned upon
the provision of public improvements,,a. decorative ma onry
perimeter wall and landscaping in .accordance with the provisions
of Article 19 of the Zoning Ordinance.The provisions of the '
Uniform Building Code and all other City codes,policies,guides,
and standards shall apply and control all design and construction
of improvements.
8)All construction shall be done in compliance with all applicable
codes and ordinances,including the City of Apache Junction
Zoning Ordinance,the Uniform Building Code and the Uniform Fire
Code (including,but not limited to.the provision of sufficient
fire apparatus access roads,the marking of fire lanes and the
provision of adequate water supplies,sprinkler systems and fire
hydrants).
9)Upon the formation of a Homeowners Association,said Homeowners
Association will provide the City of Apache Junction with a
complete and accurate copy of their adopted Codes,Covenants and
Restrictions.
10)The final planned development plan for phase three shall include
a minimum 15 foot landscape setback from the western property
line and buildings shall be located no less than 43 feet from the
eastern most property line.
SECTION II:REPEALING ANY CONFLICTING PROVISIONS
All Ordinances and parts of Ordinances in conflict with the proOsions
of this Ordinance are hereby repealed.
SECTION III:PROVIDING FOR SEVERABILITY
If any section.sub -section,sentence,phrase,clause or portion of
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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 6TH DAY OF AUGUST2002.
SIGNED AND ATTESTED TO THIS 31ST DAY OF JANUARY ,20020
DOUGLAS g
Mayor
ATTEST:
1-,
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
1-Ir7-03
RICHARD JOEL STERN
City Attorney
ORDINANCE NO.1155
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LEMAN