HomeMy WebLinkAboutORD1393ORDINANCE NO. 1393
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 FROM
GENERAL RURAL ("GR") TO CONVENTIONAL SINGLE-FAMILY
HOMES BY PLANNED DEVELOPMENT ("CR-3/PD") AND APPROVING
A PLANNED DEVELOPMENT MAJOR AMENDMENT, FOR THE PRO-
PERTIES DESCRIBED IN REZONING CASE PZ-3-13, A REQUEST
BY ACER HOMES L.L.C. AND PARPAC RETIREMENT PLAN, ET
AL., REPRESENTED BY ROBB TYLER; REPEALING ANY CON-
FLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the subject property consists of four (4) separate
but adjacent 5 -gross -acres parcels, of which Pinal County Parcel
Nos. 103-20-005, 103-20-006 and 103-20-017 have never been
rezoned or developed, and of which Parcel No. 103-20-015 was
previously rezoned and platted (but not recorded)in 2006 for
the Vista Meadows Subdivision, but was never developed; and
WHEREAS, the submitted Planned Development Plan and
preliminary plat for a future 120 -lot single-family homes
subdivision on the 20 -gross acres subject property, to be called
"Bel Agave", proposes a density of 6 dwelling units per acre,
which is in compliance the city's current General Plan; and
WHEREAS, on June 25, 2013 the Apache Junction Planning and
Zoning Commission voted 3-1 to recommend approval of Planned
Development rezoning case PZ-3-13, subject to the submitted
conceptual Planned Development plans and the conditions
prescribed herein; and
WHEREAS, the City Council hereby determines that the
proposed Planned Development rezoning request conforms to all of
the general criteria as specified in Apache Junction City Code,
Volume II,Land Development Code,Chapter 1,Zoning Ordinance,
Section 1-15-6,CR-3 Single -Family Residence Zone and Article 1-
19,Planned Development Zoning District (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 social, built and
ORDINANCE NO. 1393
PAGE 1 OF 6
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 parcels of land
legally described as:
Parcel No. 1:The North half of the Southwest quarter
of the Northwest quarter of the Southwest quarter of
Section 27, Township 1 North, Range 8 East of the Gila
and Salt River Base and Meridian, Pinal County,
Arizona (Parcel No. 103-20-017); and
Parcel No. 2:The East half of the Northwest quarter
of the Northwest quarter of the Southwest quarter of
Section 27, Township 1 North, Range 8 East of the Gila
and Salt River Base and Meridian, Pinal County,
Arizona (Parcel No. 103-20-005); and
Parcel No. 3:The West half of the Northwest quarter
of the Northwest quarter of the Southwest quarter of
Section 27, Township 1 North, Range 8 East of the Gila
and Salt River Base and Meridian, Pinal County,
Arizona (Parcel No. 103-20-006);
be and hereby is amended from General Rural ("GR") to
Conventional Single -Family Homes by Planned Development ("CR-
3/PD"); and
That the approved Planned Development Plan (pursuant to
Ordinance No. 1256 and Resolution No. 06-42) for the CR-3/PD-
zoned parcel of land formerly platted for the Vista Meadows
Subdivision and legally described as:
Parcel No. 4:The North half of the Southeast quarter
of the Northwest quarter of the Southwest quarter of
Section 27, Township 1 North, Range 8 East of the Gila
and Salt River Base and Meridian, Pinal County,
Arizona (Parcel No. 103-20-015);
ORDINANCE NO. 1393
PAGE 2 OF 6
be and hereby is amended to integrate said parcel into the
proposed development plan for the Bel Agave Subdivision; all
parcels above subject to the following conditions of approval:
1)Street improvements along the property's S. Tomahawk
Road and S. Wickiup Road frontages, 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 East 18th and 19 th Avenue frontages shall also
be provided subject to the City Engineer's determination
at the time of final subdivision plat and improvement
plans submittal.The developer shall dedicate all
necessary rights -of -way and cutoff corners as determined
by the City Engineer.
2)Xeriscape landscaping shall be provided throughout the
development, internal and external to the site, in
accordance with the city's landscaping and screening
requirements, except as follows:
A)A 10 -foot deep landscape setback area shall be
provided along Tomahawk Road (as measured from the
edge of the ultimate right-of-way line), wherein 25%
of the required trees shall be 24" box and 25% of the
required trees shall be 36" box;
B) A 5 -foot deep landscape setback area shall be provided
along Wickiup Road (as measured from the edge of the
ultimate right-of-way line), wherein 50% of the
required trees shall be 24" box;
C) 5 -foot deep landscape strips shall be provided along
18 th and 19th Avenues, but plantings along these
roadways shall only consist of shrubs, groundcovers
and decomposed granite (sizes, numbers and densities
shall comply with the city's landscaping and screening
requirements).
3)Six-foot tall perimeter masonry walls shall enclose the
proposed subdivision and decorative masonry walls shall
ORDINANCE NO. 1393
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be provided along the Tomahawk and Wickiup Road
frontages, the design of which is subject to staff
approval as part of the final landscape plans.The use
of wrought iron view fencing along segments of this
perimeter fencing is encouraged at the main entrance on
Tomahawk, at the southwest and northeast corners
(retention and wash entry areas), and at other retention
or open space areas for the purpose of featuring and
highlighting the landscape elements and open spaces and
providing a more open feel to the subdivision.
4)The developers of Bel Agave shall provide a clubhouse,
swimming pool, barbecue and playground amenity areas,
and pedestrian walking paths along the natural
corridors.The barbecue and playground areas in
particular 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 home owner association ("HOA") maintained
areas.
5)Lots adjacent to drainage channels, retention basins or
washes shall have fences separating them from these
features for safety purposes; access gates may be
provided to pedestrian walking paths.
6)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.
7)The developers shall offer at least 8 model types (four
1 -story and four 2 -story homes) with 3 elevation options
each.Two -car enclosed garages and front yard landscape
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packages shall be provided for each home.Lots 77, 78,
79, 80, 88 and 92 shall be limited to 1 -story homes.
8)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.
9)The preliminary and final plats shall reflect
substantial compliance and consistency with the Planned
Development concepts presented with case PZ-3-13,
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, 10' street side),
public and private rights -of -ways, easements and tracts,
amenities, perimeter and interior lot separation walls,
model types, landscaping and other improvements.
10)The rear yard patios shall be covered, shall meet
setback requirements for the homes and shall at no time
hereafter be enclosed.
11)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 HOA of the proposed subdivision.
12)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.
SECTION II REPEALING ANY CONFLICTING PROVISIONS:
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
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SECTION III PROVIDING FOR SEVERABILITY:
If any section, subsection, 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 6TH DAY OF AUGUST , 2013.
SIGNED AND ATTESTED TO THIS
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
c*—'729
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1393
PAGE 6 OF 6
fiTH DAY OF , 2013.
HN S. INgALACO
Mayor