HomeMy WebLinkAboutORD1404ORDINANCE NO. 1404
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, APPROVING A PLANNED
DEVELOPMENT MAJOR AMENDMENT, CASE PZ-2-14, FOR A 20
GROSS ACRES, RS-5/PD (MEDIUM/HIGH DENSITY SINGLE-
FAMILY DETACHED RESIDENTIAL BY PLANNED DEVELOPMENT)-
ZONED SUBDIVISION KNOWN AS "BEL AGAVE", APPROVED BY
ORDINANCE NO. 1393 AND LOCATED AT THE SOUTHEAST CORNER
AREA OF E. 16 TH AVENUE AND S. TOMAHAWK ROAD, BY
AMENDING THE DEVELOPMENT PLAN FOR THE PROPERTY, ALLOW-
ING BEL AGAVE TO BE DEVELOPED AS A 55 -PLUS AGE-
RESTRICTED COMMUNITY WITH SINGLE -STORY HOMES AND A
COMMUNITY GARDEN, AMONG OTHER AMENITIES; REPEALING ANY
CONFLICTING PROVISIONS; AND PROVIDING FOR
SEVERABILITY.
WHEREAS, the subject property consists of four (4) separate
but adjacent 5 -gross -acre parcels, of which Pinal County Parcel
Nos. 103-20-005, 103-20-006 and 103-20-017 have never been
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, on August 6, 2013, Ordinance No. 1393 was passed
and adopted by the Mayor and City Council, approving a rezoning
and a planned development plan for the proposed Bel Agave
Subdivision on the above mentioned parcels; a one and two-story
single-family homes subdivision with private streets and private
amenity areas; and
WHEREAS, on August 6, 2013, Resolution No. 13-31 was passed
and adopted by the Mayor and City Council, approving a prelim-
inary plat for the proposed Bel Agave Subdivision; and
WHEREAS, on March 4, 2014, Resolution No. 14-07 was passed
and adopted by the Mayor and City Council, approving the final
subdivision plat for Bel Agave; and
WHEREAS, the final plat for Bel Agave has yet to be
recorded, pending submittal and/or execution of all of the items
required in Condition #1 of Resolution No. 14-07; and
ORDINANCE NO. 1404
PAGE 1 OF 7
WHEREAS, the new majority owner of the Bel Agave property
has requested, through case PZ-2-14, a planned development major
amendment for Bel Agave, requesting to develop the subdivision
as a 55 -plus age -restricted community, with all single -story
homes and a community garden, along with all previously approved
features and amenity areas; and
WHEREAS, on May 27, 2014, the Apache Junction Planning and
Zoning Commission voted 7-0 to recommend approval of the planned
development major amendment case PZ-2-14, amending conditions of
approval numbers 4, 6, 7 and 9 of Ordinance No. 1393 in order to
accommodate the request, as described herein and in the staff
report dated May 27, 2014; and
WHEREAS, on June 5, 2014, the city's new zoning ordinance
and zoning district maps became effective, renaming the zoning
district of the property from "CR-3/PD"(Conventional Single-
family Homes by Planned Development) to "RS-5/PD"(Medium/High
Density Single-family Detached Residential by Planned Develop-
ment), but otherwise still observing all of the planned
development conditions prescribed by Ordinance No. 1393; and
WHEREAS, the City Council hereby determines that the proposed
planned development major amendment conforms to the general
regulations as specified in Apache Junction City Code, Volume II,
Land Development Code,Chapter 1 Zoning Ordinance,Article 1-5 Zoning
and Bulk Use Regulations,Sections 1-5-1, Table 5-1 Residential Use
Regulations and 1-5-2, Table 5-2 Residential Bulk Regulations (except
as otherwise conditioned herein), and Section 1-4-3 Planned
Development District.
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, rewriting conditions
of approval, numbers 4, 6, 7 and 9 of Ordinance No. 1393, for
the parcels of land legally described as:
ORDINANCE NO. 1404
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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); and
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).
be and hereby is approved, subject to the following conditions
of approval, including changes to conditions 4, 6,7 and 9:
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 E. 18th and 19th 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.
ORDINANCE NO. 1404
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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
to comply with the city's Landscaping and Screening
Requirements).
3)6 -foot tall perimeter masonry walls shall enclose the
proposed subdivision and decorative masonry walls shall
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, community garden area, barbeque and
playground amenity areas, and pedestrian walking paths
along the natural corridors.The barbeque 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
ORDINANCE NO. 1404
PAGE 4 OF 7
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.
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 elevations submitted with
case PZ-2-14, 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.
7)The developers shall offer at least 6 single -story model
types, ranging in size from 1200 square feet to over
2000 square feet, with 3 elevation options each.Two-
car enclosed garages and front yard landscape packages
shall be provided for each home.
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 and PZ-
2-14, incorporated by reference herein, and as otherwise
specified through these conditions of approval, to
include general layout, setbacks (10' front/18' to
ORDINANCE NO. 1404
PAGE 5 OF 7
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 homeowners
association 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.
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 ,OFTHE CITY OF
APACHE JUNCTION,ARIZONA,THIS DAY OF tAlty ,2014.
SIGNED AND ATTESTED TO THIS /5 -r DAY OF %.21e/6.4(, 2014.
ORDINANCE NO. 1404
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ATTEST:
AID
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1404
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N INSALA
ayor