HomeMy WebLinkAboutORD1431ORDINANCE NO. 1431
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,APPROVING A PLANNED
DEVELOPMENT MAJOR AMENDMENT,CASE PZ-6-16,FOR A +/-5
GROSS ACRES,RM-1/PD (HIGH DENSITY MUD
RESIDENTIAL BY PLANNED DEVELOPMENT) -ZONED
SUBDIVISION KNOWN AS "SUPERSTITION COMMONS%
"THE HAYSTACKS"),APPROVED BY ORDINANCE
LOCATED AT 854 S.SAN MARCOS DRIVE,B
DEVELOPMENT PLAN TO ALLOW AN INCRE
HEIGHT FROM 19 FEET TO 25 FEET, FOR
BUILDINGS;REPEALING ANY CONFLICTI
PROVIDING FOR SEVERABILITY.
I- FAMILY
OWNHOMES
(FORMERLY
0.1196 AND
AMENDING THE
SE IN BUILDING
E REMAINING FIVE
G PROVISIONS;AND
/6
WHEREAS,on April 6,2004,Or nance No.1196 was passed
and adopted by the mayor and city ouncil, approving a rezoning
and a planned development plan for the proposed Haystacks
Subdivision; and
WHEREAS,on Dec
passed and adopted by
final plat for tine H
WHEREAS, the
a private dr
townhome unit
structures,o
56) have yet t
Resolution No.05-26 was
city council, approving the
sion; and
y is a platted subdivision with
rea amenities,consisting of 56
a series of fourteen four-plex
s '10 through 14 (units 37 through
'structed; and
WHEREAS,on J e 5,2014,the city's new zoning ordinance
and zoning distri t maps became effective,renaming the zoning
district of the roperty from "CR-4/PD"(Multi -family Residence
Zone by Planned/Development)to "RM-1/PD"(High Density Multi-
family Residen ial by Planned Development),but otherwise still
leaving all the planned development conditions prescribed by
Ordinance No. 1196 in full force and effect; and
WHER S,over the years the subject property has changed
ownershi several times,with Superstition Commons LLC,
represe ed by Charles Duck, being the current ownership entity,
who a so changed the name of the development from "The
Hayst cks" to "Superstition Commons"; and
ORDINANCE NO. 1431
PAGE 1 OF 4
WHEREAS,the new owners of the remaining lots of the
Superstition Commons property have requested, through case PZ-6-
16,a planned development major amendment,to construct the
remaining buildings as two-story 25 -foot -high buildings instead
of the 19 -foot -high basement unit buildings in order to mitigate
the difficulty of getting comparable appraisals and construction
values,along with all previously approved features and amenity
areas; and
WHEREAS,on May 10,2016,the City of Apache Junction
Planning and Zoning Commission voted 3 to 2 to recommend denial
of the planned development major amendment in case PZ-6-16,to
amend Ordinance No. 1196; 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), Section 1-4-3 Planned Development (PD) Overlay District
and applicable provisions of Ordinance No. 1196.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
That a planned development major amendment, adding conditions of
approval to Ordinance No.1196 as listed herein,to allow
buildings 10 through 14 (units 37 through 56)at Superstition
Commons (formerly "The Haystacks"),to be constructed at a
height of 25 feet, for the parcels of land legally described as:
Buildings 10 through 14 (units 37 through 56),of The
Haystacks,a residential subdivision recorded in
Cabinet F,Slide 158, Pinal County Recorder's Office,
and generally located in the East half of the
Northeast quarter of the Northwest quarter of Section
29,Township 1 North,Range 8 East of the Gila and
Salt River Base and Meridian, Pinal County, Arizona;
ORDINANCE NO. 1431
PAGE 2 OF 4
be and hereby is approved, subject to the following conditions
of approval:
1) Superstition Commons (formerly "The Haystacks")shall be
operated pursuant to 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), Section 1-4-3 Planned Development (PD)
Overlay District and applicable provisions of Ordinance No.
1196.
2) Buildings 10 through 14 (units 37 through 56)shall be
constructed in substantial compliance with the conceptual
elevation drawings dated May 4,2016,contained in case
file PZ-6-16, and shall be no taller than 25 feet.
3) The developer shall construct an eight -foot -high masonry
wall, particularly on the west and south boundaries of the
subdivision property.
4) The landscape plans of the property shall be revised to
show alternating 24" -box and 36" -box trees, planted 20 -feet
apart from east to west, inside the property line along the
south boundary of the property.
5) The property owners and/or the homeowners association of
the Superstition Commons development shall regularly
maintain the drainage channel through the property to keep
it free of silt, weeds and debris, as well as maintain all
other common areas, amenities and landscaping.
6)All outdoor lighting at Superstition Commons,including
parking lot lights,shall be in compliance with the Apache
Junction City Code,Volume II,Land Development Code,
Chapter 1:Zoning Ordinance,Article 1-10:Outdoor Lighting
Regulations.
SECTION II REPEALING ANY CONFLICTING PROVISIONS:
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
ORDINANCE NO. 1431
PAGE 3 OF 4
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
unconstitutional 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 DAY OF , 2016.
SIGNED AND ATTESTED TO THIS
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
4 5-,,+.'1,,6
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1431
PAGE 4 OF 4
DAY OF , 2016.
JOHN S. INSALACO
Mayor