The URL can be used to link to this page

Home My WebLink AboutORD1387ORDINANCE NO. 1387 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 FOR THE PROPERTIES DESCRIBED IN REZONING CASE PZ-3-12, A REQUEST BY GLEN A. WILT JR., REPRESENTED BY DAN KAUFMAN, FROM MULTIPLE -FAMILY RESIDENCE ZONE (CR-5) AND GENERAL RURAL (GR) TO CONVENTIONAL SINGLE- FAMILY HOMES BY PLANNED DEVELOPMENT (CR-3/PD); REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the previously approved rezoning case for the north 5 -gross acres (parcel no. 100-35-022) of the 15 -gross acres subject property, pursuant to rezoning case PZ-14-83 (Ordinance No. 187, approved on May 3, 1983), yielded no development on said property; and WHEREAS, the submitted Planned Development plan and preliminary plat for a future 105 -lot single-family homes subdivision on the 15 -gross acres subject property proposes a density of 7 dwelling units per acre, which is slightly higher than the 6 dwelling units per acre that the city's current General Plan has designated for the area; but, which overall proposes fewer dwelling units over the entire 15 acres than the number of units which could be constructed on the CR-S parcel alone; and WHEREAS, on September 25, 2012 the Apache Junction Planning and Zoning Commission voted 5-1 to recommend approval of Planned Development rezoning case PZ-3-12, subject to the submitted conceptual Planned Development plans and the conditions prescribed herein; and WHEREAS, the City Council hereby determines that the proposed Planned Develbpment rezoning request conforms to all of the general criteria as specified in Section 1-15-6 CR-3 Single- Family Residence Zone and Section 1-19 Planned Development Zoning District of the Apache Junction Zoning Ordinance (except as otherwise conditioned herein), 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 ORDINANCE NO. 1387 PAGE 1 OF 5 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, City of Apache Junction, Arizona, for the parcel of land legally described as: The North half of the West half of the North half of the East half of the South half of the Southeast quarter of Section 18, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Pinal County Parcel #100-35-022); be and hereby is amended from Multiple -Family Residence Zone (CR-5) to Conventional Single -Family Homes by Planned Development (CR-3/PD); and That the zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcels of land legally described as: The South half of the West half of the North half of the East half of the South half of the Southeast quarter of Section 18, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Pinal County Parcel #100-35-027); and The North half of the West half of the South half of the East half of the South half of the Southeast quarter of Section 18, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Pinal County Parcel #100-35-030); be and hereby are amended from General Rural (GR) to Conven- tional Single -Family Homes by Planned Development (CR-3/PD), subject to the following conditions of approval: ORDINANCE NO. 1387 PAGE 2 OF 5 1)Street improvements along the property's N. Main Drive frontage from Superstition Boulevard to Roundup Street, such as extension of pavement and the provision of sidewalk, curb, gutter, streetlights, fire hydrants, landscaping, retention areas, etc., normally required for CR-3-zoned subdivisions, shall be required as part of this planned development project, subject to approval by the City Engineer.Additional off -site improvements along the property's W. Roundup Street frontage shall also be provided subject to the City Engineer's determination at the time of final subdivision plat and improvement plans submittal. 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.Play stations and usable open space shall be provided in compliance with the city's Parks and Recreation standards for HOA maintained areas. 3)The perimeter of the development 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 6' tall decorative masonry wall shall complement the W. Roundup streetscape and a 6' wall incorporating wrought iron view fencing shall complement the N. Main frontage from the corner at Roundup to just south of Tract A. 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 facades, including pop -outs and roof line and color variations to add visual interest. ORDINANCE NO. 1387 PAGE 3 OF 5 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-3-12,incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, setbacks (10'front/18' to garage,10' rear,5'interior sides, 8' street side), public and private rights -of -ways, easements and tracts, amenities, perimeter and interior lot separation walls, model types, landscaping and other improvements. 7)The rear yard patios shall be covered, shall meet setback requirements for the homes and shall at no time hereafter be enclosed. 8)All common areas, amenity areas, and tracts within and immediately adjacent to the proposed development, including perimeter walls and fences, 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)All-weather surface access drives for fire apparatus and other emergency providers shall be provided during construction of the development; and all construction vehicles and equipment shall be kept on the subject property. 10)Pedestrian paths shall be required in the landscape tracts along the west side of the subdivision, for better internal connectivity to the play areas from the north and south sides of the subdivision. 11)Gunite or rip -rap improved drainage channels shall be provided where need to convey water around or through the subdivision. ORDINANCE NO. 1387 PAGE 4 OF 5 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 SIGNED AND ATTESTED TO THIS ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 11_19-12 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1387 PAGE 5 OF 5 20TH DAY OF NOVEMBER ,2012. DAY OF NOVEMBER ,2012. "A.7OHN INSALACO Mayor