Loading...
HomeMy WebLinkAboutORD1389ORDINANCE NO. 1389 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT, CASE PZ-2-13,FOR A 3.99 NET ACRES, CR- 5/PD (MULTI -FAMILY RESIDENCES/TOWNHOMES BY PLANNED DEVELOPMENT) -ZONED SUBDIVISION KNOWN AS "IDAHO CREEK VILLAS - PHASE 3", APPROVED BY ORDINANCE NO. 1155 AND LOCATED AT THE SOUTHEAST CORNER OF W. TEPEE STREET AND N. PLAZA DRIVE, BY AMENDING THE DEVELOPMENT PLAN FOR THE PROPERTY AND CHANGING THE NAME OF THE DEVELOPMENT TO "APACHE JUNCTION VILLAS"; 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,"Idaho Creek Villas - Phase 3" was never constructed and changed ownership several times over the years; and WHEREAS, on April 16, 2013, Resolution No. 13-13 was passed and adopted by the Mayor and City Council, vacating and dissolving the final subdivision plat for "Idaho Creek Villas - Phase 3", allowing for the recombination of the property into a single parcel, reflecting new ownership, and providing an opportunity for a new development to be called "Apache Junction Villas", a seniors only, rental housing development, constructed under the State's Low Income Housing Tax Credit Program, and approving other changes pertaining to interior and exterior amenities and improvements; and ORDINANCE NO. 1389 PAGE 1 OF 6 WHEREAS, the new owners of the property, Pathfinder TRF Six LLC and Adams Construction and Management Company, represented by Beus Gilbert PLLC, desire to implement a new plan of development for the property to include: increasing the number of housing units from 47 two-story townhomes units, to 26 one-story duplex rental units (52 total units); and reconfiguring the common areas and recreational amenities to include a clubhouse and other gathering and socializing open space areas; and WHEREAS, the new owners wish to develop the "Apache Junction Villas" under the State of Arizona's Low Income Housing Tax Credit Program; and WHEREAS, on March 26, 2013, the Apache Junction Planning and Zoning Commission voted 6-0 to recommend approval of the planned development major amendment case PZ-2-13, subject to the submitted conceptual planned development plans and the conditions of approval prescribed herein; and WHEREAS, case PZ-2-13 is being processed concurrently with case SD -1-13, which vacates and dissolves the former final subdivision plat for "Idaho Creek Villas - Phase 3", said plat vacation also recommended for approval subject to conditions, by a 6-0 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. 1389 PAGE 2 OF 6 Lots 1 through 47, inclusive, and Tracts A and B, of Idaho Creek Villas - Phase 3, according to the plat recorded in Cabinet G, Slide 59, records of Pinal County, Arizon; be and hereby is approved, subject to the following conditions of approval: 1)Street improvements on Tepee Street and Plaza Drive, 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)All on -site and off -site improvements (including drainage and retention structures)shall be constructed in compliance with applicable city codes, including but not limited to, the Zoning Ordinance, Engineering Guidelines, Building and Fire Safety Codes, and the Landscape and Screening Requirements, except as otherwise conditioned herein. 3)Four additional fire hydrants shall the property, one each at the east "Adams Street" and one each at the "Durr Street".Adams and Durr are not public streets. be located within and west ends of east and west ends private driveways, 4)The proposed clubhouse amenity area near the east entrance shall be complemented by a neighborhood gathering amenity area to include a 12' x 12' shade pavilion, benches and ambient shade trees.Such improvements shall be shown on the final landscape plans,subject to Planning Staff review and approval. of 5)The Tepee Street and Plaza Drive frontages of the property shall be landscaped in accordance with the City's Landscape and Screening Requirements.Decorative masonry walls shall also complement said street frontages,in accordance with the submitted conceptual landscape plans.The final landscape plans shall also incorporate internal landscaping, including around the retention basins, xeriscaped front yards and pedestrian walkways shaded by trees natural to the desert.Six ORDINANCE NO. 1389 PAGE 3 OF 6 foot masonry walls shall also be required along the south and east perimeters of the property.Final landscape plans are subject to Planning Staff review and approval. 6)The proposed duplex units shall be constructed in accordance with the model type 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 roofline and color variations to add visual interest. 7)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. 8)The final planned development plan shall reflect substantial compliance and consistency with the Planned Development concepts presented with case PZ-2-13, including the site and the conceptual landscape plans date stamped 3-21-13, incorporated by reference herein, and as otherwise specified through these conditions of approval. 9)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 of the proposed Apache Junction Villas. 10)Minimum setbacks and building separations specific to this Planned Development property shall be as follows: a) Front Yard (north side) - 15 feet; b) Side Yard (east side) - 15 feet; c) Street side yard (west side) - 15 feet; d) Rear yard (south side) - 35 feet; e) Minimum distance between buildings (side to side) 10'; ORDINANCE NO. 1389 PAGE 4 OF 6 KATHLEEN CONNELLY City Clerk ORDINANCE NO. 1389 PAGE 5 OF 6 f) Minimum distance between buildings (back to back) - 12'. 11)The developers shall add a second ramada along the property's west boundary as long as it does not interfere with drainage. 12)A Right Turn Only sign shall be placed at the exit onto Plaza from the northern private drive, and a No U -Turn sign shall be placed at the intersection of Plaza and Tepee. 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 16th DAY OF April , 2013. SIGNED AND ATTESTED TO THIS 25th DAY OF April , 2013. ATTEST: e 7 JOHN INSALACO Mayor APPROVED AS TO FORM: 2 G - i 3 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1389 PAGE 6 OF 6