HomeMy WebLinkAboutORD1473ORDINANCE NO. 1473
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-5-18, A REQUEST
BY MCMILLAN MANUFACTURED HOME DEVELOPMENT CO. LLC AND
LENNAR HOMES, REPRESENTED BY RALPH PEW OF PEW AND
LAKE, FROM GENERAL COMMERCIAL (B-1) TO MEDIUM/HIGH
DENSITY SINGLE-FAMILY DETACHED CONVENTIONAL RESIDENCES
BY PLANNED DEVELOPMENT (RS-5/PD); REPEALING ANY
CONFLICTING PROVISIONS; AND PROVIDING FOR
SEVERABILITY.
WHEREAS, the submitted planned development ("PD") plan and
preliminary plat proposes a future +/-179-lot single-family
homes subdivision, tentatively called Goldview, on approximately
38 -gross acres subject property, which is located in an area
designated Medium Density Residential ("MDR") by the city's
General Plan and said PD plan complies with the MDR designation;
and
WHEREAS, on April 23, 2019, the Apache Junction Planning
and Zoning Commission voted 7-0 to recommend approval of rezon-
ing case PZ-5-18, 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
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, and that the design and uses should result in
enhancements to the social, built and natural environments in
the City.
ORDINANCE NO. 1473
PAGE 1 OF 5
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:
A parcel of land in the Northeast half of the Northeast
quarter of Section 34, Township 1 North, Range 8 East,
lying southwest of the Right-of-way line of US HWY 60-80-89
exactly 50' thereof Section 34, Township 1 North, Range 8
East. The property is also known as Pinal County Assessor
Parcel #103-23-002A;
be and hereby is amended from General Commercial (B-1) to
Medium/High Density Single-family Detached Conventional
Residences by Planned Development (RS-5/PD) subject to the
following conditions of approval:
1)The project shall be developed in accordance with the plans
attached and associated to this case and all the provisions
of the Zoning Ordinance applicable to this case.
2)The proposed development will not be age restricted.
3)In lieu of the required offsite half -street improvements
for Southern Avenue fronting the project, the developer
shall design and install road improvements from the
intersection of Starr Road and Southern Avenue north within
the Starr Road right-of-way to Old West Highway. The City
of Apache Junction shall acquire the Right-of-way necessary
for such improvements. Street improvements include but not
necessarily limited to, extension of pavement and the
provision of sidewalk, curb, gutter, streetlights,
underground utilities, fire hydrants, landscaping shall be
required as part of this planned development project, and
subject to review and approval by the City Engineer.
4)Landscape, screening and irrigation improvements, planted
within a minimum 15 -feet deep strip inside the net property
line (but outside of required walls) along the perimeters
of the property,
ORDINANCE NO. 1473
PAGE 2 OF 5
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.All
required trees shall be 24" box and all required shrubs
shall be 5 -gallon in size and a decorative 6 -foot -tall
fence shall be constructed.
25% 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 HOA
maintained areas and as illustrated in the planned
development plan.
6)As the time of final plat and improvement plans submittal,
the developer shall also present at least 5 home models
with three elevation options each, 1 and 2 -story homes,
ranging from 1,952 to 2,580 square feet in size.All
models shall include architectural treatments on all four
sides of the homes so as to preclude flat or blank facades,
including 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.
7)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.
8)The preliminary and final plats shall reflect substantial
compliance and consistency with the Planned Development
concepts presented with case PZ-5-18, 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),
ORDINANCE NO. 1473
PAGE 3 OF 5
public and private rights -of -ways, easements and tracts,
amenities, perimeter and interior lot separation walls,
model types, landscaping and other improvements.
9)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.
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 „OTY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 7 DAY OF /12/bi , 2019.
SIGNED AND ATTESTED TO THIS DAY OF , 2019.
JEFMERDY
Mayor
ATTEST:
ORDINANCE NO. 1473
PAGE 4 OF 5
APPROVED AS TO FORM:
./ y
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1473
PAGE 5 OF 5