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Home My WebLink AboutORD1331ORDINANCE NO. 1331 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE,BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN RE- ZONING CASE PZ-5-08, A REQUEST BY 16TH AVENUE, LLC, REPRESENTED BY SUSAN PRICHARD AND MARK SINGER, FROM CR-4/PD (MULTI -FAMILY RESIDENCES/COURT HOMES BY PLANNED DEVELOPMENT) TO CR-5/PD (MULTI -FAMILY RESID- ENCES/TOWNHOMES BY PLANNED DEVELOPMENT); APPROVING REZONING CASE PZ-5-08 AS A MINOR AMENDMENT TO THE APACHE JUNCTION GENERAL PLAN; REPEALING ANY CONFLICT- ING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, all previously approved conditions of zoning approval and conceptual plans for "Villagio" on the subject property, pursuant to Planned Development rezoning case PZ-3-06 (Ordinance No. 1268), are hereby made null and void by this current rezoning case PZ-5-08 and ordinance, although the development will retain the name,"Villagio"; and WHEREAS, on December 9, 2008 the Apache Junction Planning and Zoning Commission voted unanimously (6-0) to recommend approval of rezoning case PZ-5-08, subject to the submitted conceptual Planned Development plans and the conditions prescribed herein; and WHEREAS, the Council hereby determines that the proposed rezoning conforms to all of the general criteria as specified in Section 15.0600 CR-5 Multi -Family Residence Zone and Section 19.0109 of the Zoning Ordinance,including integration with the surrounding neighborhood, adequate traffic accommodation, adequate public facilities, extension of infrastructure, and that the design and uses should result in enhancements to the social, built, and natural environments in the City; and WHEREAS, rezoning case PZ-5-08 represents a minor amendment to the Apache Junction General Plan as defined therein. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: ORDINANCE NO. 1331 RAGE 1 OF 5 SECTION I IN GENERAL The zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcel of land legally described as: The North 660 feet of the Southwest quarter of Section 30, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Except the West 1980 feet and the East 330 feet thereof; and Except any portion lying within the following described parcel: Commencing at the Center of said Section 30, being marked with a cotton picker spindle (1/2 inch diameter rebar recorded) and from which point the West 141 corner (being marked with a brass cap in a hand hole) bears South 89 Degrees 54 Minutes 22 Seconds West, 2631.20 feet distant therefrom; Thence South 89 Degrees 54 Minutes 22 Seconds West, 651.19 feet (South 89 Degrees 55 Minutes 40 Seconds West, 651.13 feet recorded), along the North line of the Southwest quarter of said Section 30 to a point on the East line of the West 1980 feet of said Southwest quarter; Thence South 00 Degrees 00 Minutes 40 Seconds West, 460.00 feet (South 00 Degrees 01 Minutes 47 Seconds West recorded), along said East line to the Point of Beginning; Thence North 89 Degrees 59 Minutes 51 Seconds East, 113.95 feet (South 89 Degrees 58 Minutes 51 Seconds East,113.93 feet recorded), to a point on a non -tangent curve concave Northeasterly, the radius point of which bears North 78 Degrees 09 Minutes 26 Seconds East (78 Degrees 10 Minutes 44 Seconds recorded), 50.00 feet; ORDINANCE NO. 1331 PAGE 2 OF 5 Thence along a curve to the left having a central angle of 98 Degrees 40 Minutes 26 Seconds, a radius of 50.00 feet and an arc length of 86.11 feet; Thence South 20 Degrees 31 Minutes 00 Seconds East, 174.09 feet (South 20 Degrees 29 Minutes 42 Seconds East, 174.00 feet recorded), to a point on the South line of the North 660 feet of said Southwest quarter; Thence South 89 Degrees 54 Minutes 22 Seconds West, 241.47 feet (South 89 Degrees 55 Minutes 33 Seconds West, 241.14 feet recorded), along said South line to a point on the East line of the West 1980 feet of said Southwest quarter; Thence North 00 Degrees 00 Minutes 40 Seconds East, 200.00 feet (North 00 Degrees 01 Minutes 47 Seconds East, 199.93 feet recorded), along said East line to the Point of Beginning. be and hereby is amended from CR-4/PD (Multi -Family Residences/Court Homes by Planned Development) to CR-5/PD (Multi -Family Residences/Townhomes by Planned Development), subject to the following conditions of approval: 1)Street improvements, such as extension of pavement and the provision of sidewalk, curb, gutter, streetlights and fire hydrants, normally required for CR-5-zoned lots shall be required as part of this planned development rezoning. 2)The community ramada and playground amenity shall be shaded for the mitigation of summer heat by drought -tolerant, low-water using trees. Specifically, a complement of either 36" box Ironwoods or 24" box Rio Salado Mesquites.The Ironwood representing the first choice as it is slow growing and the Mesquite as a secondary option as it is resistant to high winds and is a good shade tree. ORDINANCE NO. 1331 PAGE 3 OF 5 3)The perimeter of the development adjacent to 16th Avenue shall be completely landscaped, with a maximum of 50% of the area set aside for retention applications.A decorative view fence shall also complement the 16th Avenue streetscape to reduce traffic noise and to screen the development from the road. 4)The proposed townhomes shall include southwestern architectural features as illustrated in the City's Design Guidelines and in the submitted elevations dated December 1, 2008, shall offer ground mounted air conditioning units and architectural treatments on all four sides of the buildings so as to preclude flat or blank facades, including pop -outs and roof line and color variations to add visual interest. 5)Xeriscape landscaping shall be provided throughout the development as illustrated on the conceptual landscape plan dated December 1, 2008, to include a minimum of 50% 24 -inch box trees, 50% 5 -gallon shrubs, and groundcovers and decomposed granite as specified in the City of Apache Junction Landscape and Screening Requirements. 6)All applicable permits shall be applied for and plans shall be designed to current City codes prior to any building removal, lot grading or construction on the lots.Inclusively, all applicable development fees shall be paid at the time of permits issuance on a per -building basis. 7)The preliminary and final plats shall reflect substantial compliance and consistency with the Planned Development concepts presented with case PZ-5-08, incorporated by reference herein, and as otherwise specified through these conditions of approval. 8)All common areas and tracts within the proposed development, including perimeter buffer walls and interior and exterior common area landscaping shall be owned and maintained by the homeowners association of the proposed subdivision. ORDINANCE NO. 1331 PAGE 4 OF 5 9)The applicant shall modify the Planned Development narrative to replace in every instance, the notion indicating a plus or minus 42 units with a maximum of 42 units. SECTION II REPEALING ANY CONFLICTING PROVISIONS: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section, sub -section, 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 ?OTH DAY OF JANUARY , 2009. SIGNED AND ATTESTED TO THIS 26TH DAY OF JANUARY , 2009. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 4Z:05 2 0 - RICHARD JOEL STERN City Attorney ORDINANCE NO. 1331 PAGE 5 Of 5 JelyN INSALACO Mayor