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Home My WebLink AboutORD1468ORDINANCE NO. 1468 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 PROPERTY DESCRIBED IN REZONING CASE PZ-3-18, A REQUEST BY AJ 40 LLC AND ITOW LFP, REPRESENTED BY DAN KAUFFMAN, FROM INDUSTRIAL (B-5) TO MEDIUM/HIGH DENSITY SINGLE-FAMILY DETACHED CONVENTIONAL RESIDENCES BY PLANNED DEVELOPMENT (RS-5/PD); REPEALING ANY CONFLICT- ING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the submitted planned development ("PD") plan and preliminary plat proposes a future +/-259-lot single-family homes subdivision, tentatively called Superstition Vista, on a 40 -gross acres subject property, which is located in an area designated master planned community ("MPC") by the city's general plan and said PD plan complies with the MPC designation; and WHEREAS, Superstition Vista is proposed to be the city's first residential development south of Baseline Avenue and will include opportunities for connectivity to and encouragement of future residential and other types of development in surrounding areas; and WHEREAS, on November 27, 2018, the Apache Junction Planning and Zoning Commission voted 6-0 to recommend approval of rezon- ing case PZ-3-18, subject to the submitted conceptual PD 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, Article 1-5,Zoning Bulk and Use Regulations,Section 1-5-1, Residential Use Regulations and Article 1-4,Zoning Districts, Section 1-4-3,Planned Development ("PD") Overlay District (except as otherwise conditioned herein), including integration with the surrounding neighborhood, adequate traffic accommoda- tion, adequate public facilities, extension of infrastructure, ORDINANCE NO. 1468 PAGE 1 OF 5 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 The zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcel of land legally described as: The Southwest quarter of the Northeast quarter of Section 3, Township 1 South, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (also known as Pinal County Assessor parcels 104-07-001B, 001C and 001D); be and hereby is amended from Industrial (B-5) to Medium/High Density Single-family Detached Conventional Residences by Planned Development (RS-5/PD) subject to the following conditions of approval: 1)The developer shall dedicate to the city, the north 40 feet and the west 40 feet of the property, along with any neces- sary cut-off corners for public right-of-way and utility purposes.Street improvements along the property's west 40 feet and north 40 feet, including but not necessarily limited to, extension of pavement and the provision of sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, landscaping, retention areas, drainage improvements, etc., normally required for RS -5- zoned subdivisions, shall be required as part of this planned development project, subject to review and approval by the City Engineer. 2)The 40 -foot -wide S. Cortez Road easement from Baseline to the northwest corner of the property shall be improved with double chip -seal and shall also include a stabilized walking path and/or bike path along its east side as recommended by the city engineer. 3)The 40 -foot -wide east -west oriented easement for roadway and utility purposes (recorded in Fee #2005-070550) in the ORDINANCE NO. 1468 PAGE 2 OF 5 center area of the property shall be extinguished and/or relocated by the developer to allow for the construction of proposed lots. 4)Landscape, screening and irrigation improvements, planted within a minimum 10 -feet deep strip inside the net property line (but outside of required walls) along the west and north perimeters of the property, shall be provided in compliance with the city's landscape and screening requirements contained in Apache Junction City Code,Volume II,Land Development Code,Chapter 1,Zoning Ordinance, Article 1-8,Landscape Regulations,except that all required trees shall be 24" box and all required shrubs shall be 5 -gallon in size. The decorative 6 -foot -tall fence facing Cortez and Kilarea shall also include wrought iron view fencing at the main gated entry points, at the north- west corner of the subdivision and at the west central open space area. 5)The east and south perimeter 6 -foot masonry walls need not be decorative, but shall provide for pedestrian walking path connectivity to surrounding areas. 6)Retention basins, drainage areas, walking paths, recreation areas and other amenity areas shall also be complemented with shade -providing xeriscape landscaping as appropriate. 7)Twenty-five percent of the internal open space shall be usable open space and recreational amenities shall be provided in compliance with the city's Parks and Recreation standards for homeowner association ("HOA") maintained areas and as illustrated in the planned development plan/preliminary plat and explained in the narrative provided with case PZ-3-18. 8)Emergency personnel, such as police officers and firefight- ers, shall be given knox lock access to all four proposed primary and secondary access gates. 9)As the time of final plat and improvement plans submittal, the developer shall also present at least 10 home models with three elevation options each, 1 and 2 -story homes, ranging from 1200 to 2500 square feet in size.All models shall include architectural treatments on all four sides of ORDINANCE NO. 1468 PAGE 3 OF 5 the homes so as to preclude flat or blank facades, include- ing pop -outs and roofline and color variations to add visual interest.All homes shall have ground -mounted air conditioning/HVAC units.All homes shall provide two -car enclosed garages and front yard xeriscape landscape packages.The developer shall also provide a lot fit analysis showing which models will fit on which lots, including awnings, porches, patios, etc., within the setback requirements. 10)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 -unit basis. 11)The preliminary and final plats shall reflect substantial compliance and consistency with the Planned Development concepts presented with case PZ-3-18, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, lot sizes, setbacks (10' front to home/18' front to garage, 10' rear, 5' sides), public and private rights -of -ways, easements and tracts, amenities, perimeter and interior lot separation walls, model types, landscaping and other improvements. 12)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. 13)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. 14)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. ORDINANCE NO. 1468 PAGE 4 OF 5 15)Allowed within the planned development property boundaries, tracts and/or parcels shall be made available for use by sewer and water public utility providers. 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 COUNCAL OF TKE CITY OF APACHE JUNCTION, ARIZONA, THIS / C 7 /4-DAY oF4)q.e.4e ,2018. SIGNED AND ATTESTED TO THIS 47%,(DAY oF1-62/xXr, 2018. ATTEST: APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1468 PAGE 5 OF 5