HomeMy WebLinkAboutORD1341ORDINANCE NO. 1341
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 REZONING CASE PZ-6-05, A REQUEST
BY FORTUNE TRAVEL, INC., REPRESENTED BY TODD LUTZ AND SEAN
LAKE, FROM GENERAL RURAL (GR) TO TRAILER HOMESITES BY
PLANNED DEVELOPMENT (TH/PD); REPEALING ANY CONFLICTING
PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, Fortune Travel, Inc. desires to rezone their property
for the purpose of developing a +/-111 gross acres, active adult,
age -restricted (55+) community with approximately 650 rental spaces
for manufactured homes, a clubhouse, passive and active recreational
facilities and other amenities; and
WHEREAS, on February 24, 2009 the Apache Junction Planning and
Zoning Commission voted 6-0 to recommend approval of rezoning case
PZ-6-05, subject to the submitted conceptual Planned Development
plans and the conditions prescribed herein; and
WHEREAS, case PZ-6-05 is being processed concurrently with
annexation case AN -1-06, but decision on the rezoning shall not be
made unless the Apache Junction City Council has approved the
annexation first; and
WHEREAS, the Council hereby determines that the proposed
rezoning conforms to all of the general criteria as specified in
Section 15.0800 TH Trailer Homesites Zone,Subsection 15.0802 Mobile
Home Park (except as otherwise conditioned herein), 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.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
The zoning district classification on the Zoning District Map,
ORDINANCE NO. 1341
PAGE 1 OF 6
City of Apache Junction, Arizona, for the parcel of land legally
described as:
The Northwest Quarter of Section 31, Township 1 North,
Range 8 East,Gila and Salt River Base and Meridian,
Pinal County, Arizona;
EXCEPT that portion of the South half of the Northwest
Quarter which lies south of the following described
line;
BEGINNING at a point on the West line of said Section
31,which point bears North 0 degrees 05 minutes 05
seconds East 850.00 feet from the West quarter corner
of said Section 31;
THENCE North 89 degrees 54 minutes 55 seconds East
55.00 feet;
THENCE South 5 degrees 37 minutes 47 seconds East
251.08 feet;
THENCE North 89 degrees 57 minutes 52 seconds East
2557.97 feet to the Point of Ending on the East line
of said South half of the Northwest Quarter of Section
31; and
EXCEPT for the West 740 feet of the North 707 feet
thereof (generally described as a 12 -gross -acres area
of land at the northwest corner area of the property);
and
EXCEPTING THEREFROM all coal,oil,gas and other
mineral deposits as reserved in the Patent recorded in
Book 50 of Deeds, page 27;
(Also known as a part of Pinal County Assessor parcel
numbers 102-19-003A and 102-19-003B);
be and hereby is amended from General Rural (GR) to Trailer
Homesites by Planned Development (TH/PD), subject to the
following conditions of approval:
ORDINANCE NO. 1341
PAGE 2 OF 6
1)The property owners Shall dedicate to the City, at a
minimum, the west 65 feet of the property for S.
Meridian Drive and the north 50 feet of the property for
W. Southern Avenue, along with any necessary cutoff
corners, deceleration or acceleration lanes, and a six
foot (6') wide multi -purpose path, as determined by the
City Engineer at the time of improvement plans
submittal.
2)Street improvements and other off -site improvements
shall be constructed by the developers as part of this
planned development rezoning, to include but not be
limited to, extension of pavement and the provision of
sidewalk, curb, gutter, traffic signals, a multi -purpose
path, street -lights, fire hydrants and drainage
structures, in accordance with the city's Engineering
Guidelines.
3)The proposed community's final planned development
plans, improvement plans, building plans and concept
plans for the various homes shall reflect substantial
compliance and consistency with the Planned Development
narrative booklet presented with case PZ-6-05,
incorporated by reference herein, and as otherwise
specified through these conditions of approval.The
planned development plans include the provision of at
least 13 home model types with carport, garage and floor
plan options; a 20,000 to 25,000 square -foot clubhouse
with surrounding recreational amenities, including a
swimming pool large enough to accommodate the
community's residents at peak times; a bark park; a
softball field; extensive xeriscape landscaping on the
exterior perimeters and interior landscaping in
compliance with the city's Landscape and Screening
Requirements, including a minimum 100 -foot deep
xeriscape landscape buffer along the north side of the
freeway; and minimum 6 -foot high perimeter walls, with
the north and west walls being decorative theme walls
and the south wall to be a solid sound -attenuating theme
wall, which conforms with ADOT standards.The design of
the wall shall incorporate materials compatible to the
theme and colors of the development and may include
stucco, regular spacing of columns, trim cap, stepped
corners and other decorative design features, to be
approved by Planning Staff.
ORDINANCE NO. 1341
PAGE 3 OF 6
4)A minimum of 50% of the required trees along the north,
west and south perimeters shall be 24" box size.
Similarly, a minimum of 50% of the required shrubs shall
be 5 -gallon in size.
5)The proposed homes as depicted in the narrative booklet
for PZ-6-05 shall include architectural features on all
four elevations, including pop -outs and roof line and
color variations to add visual interest and so as to
preclude flat or blank facades.All homes shall be
constructed with ground mounted air conditioning units.
Any accessory buildings to the homes shall reflect the
colors and architectural features of the homes.No
metal sheds shall be permitted.
6)All homes and accessory buildings shall be limited to 1-
story, no taller than 25 feet high as measured from
adjacent grade to the tallest peak or portion of the
roof.
7)All residential lots shall be designed to comply, at a
minimum, with the TH (Trailer Homesites) zone
regulations for rental space manufactured home parks,
Section 15.0802,except that manufactured homes (and any
appurtenant structures attached thereto) on perimeter
lots may have a 5 -foot setback to the property line,
instead of the 10 -foot normally required.The setbacks
shall be as follows:
Front setback = 8 feet from the nearest edge of any
interior street or roadway;
Side setback (interior lot)= 5 feet from a space line;
Side setback (corner lot)= 5 feet on the interior side;
8 feet on the street side;
Side setback (perimeter lot)= 5 feet on the interior
side; 5 feet from a perimeter property line;
Rear setback (interior, or back to back lots)= 5 feet
from a space line;
Rear setback (perimeter lot)= 5 feet from a property
line.
8)The proposed paved recreational vehicle (RV) storage lot
at the southeast corner area of the development shall be
further buffered from the freeway by means of a 10 -foot
ORDINANCE NO. 1341
PAGE 4 OF 6
high decorative wall and with all 24" and 36" box trees,
which shall be tall species wide canopy trees at
maturity, inside of the wall; or the RV storage lot may
be relocated to a more central part of the development
out of view from adjacent rights -of -way.
9)Recreational vehicles ("RVs") shall not be permitted as
permanent dwelling units.Park models shall not be
permitted as temporary or permanent housing.RVs shall
be permitted in the final phase of development for
seasonal visitors until such time as the 575th lot has
been leased, but no later than ten (10) years from the
date of issuance of the certificate of occupancy for the
clubhouse.Owner agrees that the temporary RV area
shall be improved with all utilities, sewer and paving.
A detailed site plan shall be approved by the Planning
Staff.
10)All interior streets, common areas and tracts within and
along the exterior perimeter of the proposed
development, including perimeter buffer walls and
interior and exterior landscaped areas shall be owned
and maintained by the property owners.
11)All applicable permits shall be applied for and plans
shall be designed to current City codes prior to any 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.
12)All homes placed on this property shall be new homes.
13)Retention areas shall not be encroached upon,
constructed upon or used for any kind of storage or
parking, but may be used for passive or active
recreational uses.
14)Any proposed different use for the property or any
substantial variations or changes to the approved
planned development plans presented shall require a
planned development amendment or rezoning process.
ORDINANCE NO. 1341
PAGE 5 OF 6
15)Property owner agrees to work with the City for "Welcome
to The City of Apache Junction, Home of the Superstition
Mountains" signage to be located either on or near the
project.
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 18TH DAY OF AUGUST ,2009.
SIGNED AND ATTESTED TO THIS 18TH DAY OF
j/SOHN INSXLACO
t--ayor
AUGUST ,2009.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
z -/9•O9
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1341
PAGE 6 Of 6