HomeMy WebLinkAboutORD1385ORDINANCE NO. 1385
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, APPROVING A PLANNED DEVELOPMENT
MAJOR AMENDMENT CASE PZ-2-12,FOR A 4 -GROSS ACRES, CR-5/PD
(MULTI -FAMILY RESIDENCES BY PLANNED DEVELOPMENT) -ZONED
PROPERTY, KNOWN AS "VILLAGIO",PREVIOUSLY APPROVED BY
ORDINANCE NO. 1331 AND LOCATED ON THE SOUTH SIDE OF W. 16TH
AVENUE AT THE S. DESERT VIEW PLACE ALIGNMENT, BY AMENDING
THE DEVELOPMENT PLAN FOR THE PROPERTY; AND APPROVING A
CONDITIONAL USE PERMIT TO ALLOW DETACHED SINGLE-FAMILY
HOMES IN THE CR-5 BASE ZONE; REPEALING ANY CONFLICTING
PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, all previously approved rezonings, conditions of
approval and conceptual plans for "Villagio" on the subject property,
pursuant to Planned Development rezoning case PZ-3-06 (Ordinance No.
1268, approved on May 16, 2006), and Planned Development rezoning
case PZ-5-08 (Ordinance No. 1331, approved on January 20, 2009), are
hereby made null and void by this current Planned Development
amendment case PZ-2-12 and ordinance, except that the property
retains its current CR-5/PD zoning and the development will retain
the name,"Villagio"; and
WHEREAS, on July 24, 2012 the Apache Junction Planning and
Zoning Commission voted 4-1 to recommend approval of Planned
Development major amendment case PZ-2-12, subject to the submitted
conceptual Planned Development plans and the conditions prescribed
herein,including the allowance of single-family homes in a multi-
family zoning district as a conditional use; and
WHEREAS, the City Council hereby determines that the proposed
Planned Development major amendment conforms to all of the general
criteria as specified in Section 1-15-9 CR-5 Multiple Family
Residence Zone and Section 1-19 Planned Development Zoning District
of the 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; and
WHEREAS, the CR-5/PD zoning on the 4 -acre property continues to
represent a minor amendment to the Apache Junction General Plan, as
defined therein.
ORDINANCE NO. 1385
PAGE 1 OF 6
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:
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 ;I 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. 1385
PAGE 2 OF 6
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 approved, subject to the following conditions
of approval:
1)Street improvements along the property's 16 th Avenue
frontage,such as extension of pavement and the
provision of sidewalk, curb, gutter, streetlights,fire
hydrants, landscaping, retention areas, etc., normally
required for CR-5-zoned properties, shall be required as
part of this planned development project, subject to
approval by the City Engineer.Additional off -site
improvements along 16 th Avenue may be negotiated with the
developer as part of a separate development agreement.
2)Xeriscape landscaping shall be provided throughout the
development as illustrated on the submitted conceptual
landscape plan.The swimming pool and playground
amenity areas shall be shaded for the mitigation of
summer heat by drought -tolerant, low-water using trees.
A complement of either 24" box Ironwoods or 24"box Rio
Salado Mesquites shall be used in these amenity areas,
with 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. 1385
PAGE 3 OF 6
3)The perimeter of the development adjacent to 16t Avenue
shall be landscaped in accordance with the city's
Landscape and Screening Requirements, except that all
required trees shall be 24" box and all required shrubs
shall be 5 -gallon shrubs.A decorative masonry wall
shall also complement the 16 th Avenue streetscape to
reduce traffic noise and to screen the development from
the road.
4)The proposed homes shall include southwestern
architectural features as illustrated in the City's
Design Guidelines and in the submitted elevations, and
shall offer ground mounted air conditioning units and
architectural treatments on all four sides of the
buildings so as to preclude flat or blank façades,
including pop -outs and roofline and color variations to
add visual interest.Buildings taller than one story
shall not be located closer than 33 feet to the east or
west property lines.
5)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.
6)The preliminary and final plats shall reflect
substantial compliance and consistency with the Planned
Development concepts presented with case PZ-2-12,
incorporated by reference herein, and as otherwise
specified through these conditions of approval, to
include general layout, setbacks, public and private
rights -of -ways, easements and tracts, building massing,
amenities, perimeter and interior walls, model types,
landscaping and other improvements.
7)The rear yard patios shall be covered patios and shall
at no time hereafter be enclosed.
8)All common areas, amenity areas, and tracts within and
immediately adjacent to the proposed development,
ORDINANCE NO. 1385
PAGE 4 OF 6
including perimeter buffer walls and interior and
exterior common area landscaping, shall be owned and
maintained in good condition at all times by the owners
or homeowners association of the proposed subdivision.
9)Unobstructed right of ingress and egress shall be
provided at all times to anyone wishing to access parcel
102-18-002B, before, during and after the construction
of the development.Said right of ingress and egress
shall be the responsibility of the owners of Villagio
and their agents, contractors, etc.
10)The east wall adjacent to the play area at the southeast
corner area of the subdivision shall be 7'in height.
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 unconsti-
tutional 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 2ND DAY OF OCTOBER , 2012.
SIGNED AND ATTESTED TO THIS 2ND
ATTEST:
VA MU T M r'1ThMM7TTV V
City Clerk
ORDINANCE NO. 1385
PAGE 5 OF 6
DAY OF OCTOBER ,2012.
OHN INSALACO
Mayor
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1385
PAGE 6 OF 6