HomeMy WebLinkAboutORD1306ORDINANCE NO. 1306
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,APPROVING A PLANNED
DEVELOPMENT MAJOR AMENDMENT, CASE PZ-9-07,FOR A 11.62
ACRE,CR-5/PD (MULTI -FAMILY HOMES BY PLANNED
DEVELOPMENT)ZONED PROPERTY,ORIGINALLY PART OF THE
MERRILL GARDENS DEVELOPMENT,LOCATED NEAR THE
SOUTHWEST CORNER OF W.20 TH AVENUE AND S.IRONWOOD
DRIVE,BY AMENDING ORDINANCE NO.996;REPEALING ANY
CONFLICTING PROVISIONS;AND PROVIDING FOR
SEVERABILITY.
WHEREAS, on May 20,1997, Ordinance No.996 was passed and
adopted by the Mayor and City Council,setting forth the
development plan and zoning for Merrill Gardens Continuum of
Care Facility; and
WHEREAS,the Owner has decided that the current zoning for
the undeveloped portion of the property is inconsistent with
market conditions and the business plan; and
WHEREAS, the market conditions and business plan support an
amendment to the zoning to allow for a single family
subdivision; and
WHEREAS,such a change in zoning was requested in Case No.
PZ-9-07 in which the Owner proposed a 118 -lot,single family
home subdivision known as "Foothills Subdivision" by Cornerstone
Homes,which included landscape features,open spaces,a.club
house and related amenities,lot size and setback deviations,
private streets and several model designs; and
WHEREAS, on June 26, 2007, the Apache Junction Planning and
Zoning Commission recommended denial of Case No.PZ-9-07 in a 3
to 3 vote; and
WHEREAS, the Mayor and City Council finds that the proposed
planned development major amendment:1)conforms to all of the
applicable criteria as specified in the City Code of Apache
Junction,Volume II Land Development Code,Chapter 1 Zoning
ORDINANCE NO. 1306
PAGE 1 OF 3
Ordinance,Article 19 Planned Development Zoning District,
Section 19.0109 General Criteria;2)is in compliance with the
City of Apache Junction General Plan;3)integrates with the
surrounding neighborhood; 4) adequately accommodates traffic; 5)
will have adequate public facilities;and 6)will result in
enhancement to the social, built, and natural environment in the
City.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I: IN GENERAL
That:1)the submitted planned development major amendment be
and hereby is approved;and 2)Ordinance No.996 is hereby
amended to reflect the approved planned development major
amendment subject to the following conditions:
1)That the heights of all homes do not exceed twenty-six
feet (26') measured to the peak of the roof.
2)That a four foot (4')sidewalk be added to one side of
every street and the private streets are not less than
twenty-eight feet (28') in width.
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 215T DAY OF AUGUST , 2007.
SIGNED AND ATTESTED TO THIS 23RD DAY OF AUGUST , 2007.
ORDINANCE NO. 1306
PAGE 2 OF 3
JOh Insalaco
Mayor '
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
23- o7
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1306
PAGE 3 OF 3