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HomeMy WebLinkAboutORD1379ORDINANCE NO. 1379 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT, CASE PZ-3-11, FOR A 14.22 NET ACRES, CR- 5/PD (MULTI -FAMILY RESIDENCES/TOWNHOMES BY PLANNED DEVELOPMENT) -ZONED SUBDIVISION KNOWN AS "THE VILLAS AT SUPERSTITION MOUNTAIN PHASE 2", APPROVED BY ORDINANCE NO. 1155 AND LOCATED AT THE 1100 BLOCK OF N. IDAHO ROAD, BY AMENDING THE DEVELOPMENT PLAN FOR THE PROPERTY AND CHANGING THE NAME OF THE DEVELOPMENT TO "APACHE JUNCTION TOWNHOMES"; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, on December 17, 1985, Ordinance No. 456 was passed and adopted by the Mayor and City Council, approving a rezoning and a planned development plan for the proposed "Quail Creek Apartments" development, to be constructed in three phases, of which Phase 1 was built; and WHEREAS, on August 6, 2002, Ordinance No. 1155 was passed and adopted by the Mayor and City Council, approving a new planned development plan for the former "Quail Creek Apartments, Phases 2 and 3" and renaming said properties,"Idaho Creek Villas Phases 2 and 3"; and WHEREAS, on May 2, 2006, Resolution Nos. 06-14 and 05-07 were passed and adopted by the Mayor and City Council, approving the preliminary and final subdivision plats, respectively,for "Idaho Creek Villas Phases 2 and 3"; and WHEREAS, on March 20, 2007, Resolution No. 07-14 was passed and adopted by the Mayor and City Council, approving a major amendment to the final plat for "Idaho Creek Villas Phase 2", reflecting new ownership, renaming the subdivision as "The Villas at Superstition Mountain Phase 2", assigning names to the interior private streets and approving other minor changes pertaining to interior and exterior amenities and improvements; and WHEREAS, the developers of "The Villas at Superstition Mountain Phase 2" constructed certain on -site and off -site infrastructure improvements at the development site, but eventually defaulted on the property prior to the construction of any residential units; and ORDINANCE NO. 1379 PAGE 1 OF 5 WHEREAS, the new owners of the property, Pathfinder TRF Three LLC and Adams Construction Company, represented by Beus Gilbert PLLC, desire to implement a new plan of development for the property to include: reducing the number of housing units from 197 two-story townhomes units, to 88 one-story townhome units constructed mostly in duplex buildings; and reconfiguring the common area and recreational amenities to include a clubhouse and pool near the Idaho Road entrance and a central grassy playground area; and WHEREAS, the new owners wish to develop the "Apache Junction Townhomes" subdivision under the State of Arizona's Low Income Housing Tax Credit Program; and WHEREAS, on January 10, 2012, the Apache Junction Planning and Zoning Commission voted 6-1 to recommend approval of the planned development major amendment case PZ-3-11, subject to the submitted conceptual planned development plans and the conditions of approval prescribed herein; and WHEREAS, case PZ-3-11 is being processed concurrently with case SD -1-11, which sets forth the new preliminary and final subdivision plat maps and improvement plans for "Apache Junction Townhomes", said preliminary plat also recommended for approval subject to conditions, by a 6-1 vote of the Planning and Zoning Commission; and WHEREAS, the City Council hereby determines that the proposed planned development major amendment conforms to the general criteria as specified in Section 1-15-9 CR-5 Multiple Family Residence Zone (except as otherwise conditioned herein), and Article 1-19 Planned Development Zoning District of the City of Apache Junction 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 That a planned development major amendment for the parcel of land legally described as: ORDINANCE NO. 1379 PAGE 2 OF 5 Lots 1 through 197, inclusive, and Tracts A through D, inclusive, of The Villas at Superstition Mountain Phase 2, according to the plat recorded in Cabinet H, Slide 29, records of Pinal County, Arizona. be and hereby is approved, subject to the following conditions of approval: 1)Street improvements, including but not limited to, the extension of pavement and the provision of sidewalks, curbs, gutters, streetlights and fire hydrants, normally required for CR-5-zoned properties shall be required as part of this planned development approval. 2)The proposed clubhouse, swimming pool and amenity area near the east entrance shall be complemented by a centrally located amenity area to include an equipped playground and/or tot lot and benches.Such improvements shall be shown on the final landscape plans, subject to Planning Staff review and approval. 3)The Plaza Drive and Idaho Road frontages of the property shall be landscaped in accordance with the approved landscape plans for "The Villas at Superstition Mountain Phase 2".Decorative masonry walls shall also complement said street frontages. 4)Landscaping interior to the development shall be provided as proposed in the applicant's conceptual landscape plan.Numbers of plants and plant sizes shall comply with the city's Landscape and Screening Requirements. 5)The proposed duplex townhomes shall be constructed in accordance with the three model types submitted by the applicants as part of this PD amendment request.The homes shall be designed with southwestern architectural features, shall provide 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. ORDINANCE NO. 1379 PAGE 3 OF 5 6)All applicable permits shall be applied for and plans shall be designed to current City codes prior to any construction on the lots.Inclusively, all applicable fees, including development fees, shall be paid at the time of permits issuance on a per -duplex building basis. 7)The preliminary and final plats shall reflect substantial compliance and consistency with the Planned Development concepts presented with case PZ-3-11, incorporated by reference herein, and as otherwise specified through these conditions of approval. 8)All common areas and tracts within and immediately adjacent to the proposed development, including perimeter buffer walls and interior and exterior common area landscaping shall be owned and maintained by the management company and/or homeowners association of the proposed "Apache Junction Townhomes" subdivision. 9)The managers,owners,operators and/or Homeowners Association of Apache Junction Townhomes shall coordinate with the city's Police Department and continually participate in local Crime -Free Multi -family Housing Programs, Neighborhood Watch Programs or similar programs. 10)The private rear yards of the individual home lots shall be enclosed with 6 -foot -tall cinderblock walls. 11)The lease agreements with the renters of Apache Junction Townhomes shall incorporate the same type of language as the lease agreements for the Katherine Heights development,submitted with case PZ-3-11,insofar as strict rules for maintaining a quality development and a safe, clean, crime -free neighborhood. 12)The sales agreements and Conditions,Covenants and Restrictions for eventual purchasers of Apache Junction Townhomes homes and lots shall incorporate the same type of language as the lease agreements for Apache Junction Townhomes,as allowed by law,insofar as strict rules for maintaining a quality development and a safe, clean, crime -free neighborhood. ORDINANCE NO. 1379 PAGE 4 OF 5 13)The renters who choose to buy their units at the end of the 15 -year period will receive credit for the rent they have paid and the stipulation to such be added to the rental agreement. 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 21ST DAY OF FEBRUARY , 2012. SIGNED AND ATTESTED TO THIS 23RD DAY OF FEBRUARY , 2012. ATTEST: /i< KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 4.2 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1379 PAGE 5 OF 5 JZaHN INSArACO yor