HomeMy WebLinkAboutORD1486ORDINANCE NO. 1486
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-6-19, A REQUEST
BY BETTER CHOICE HOMES, REPRESENTED BY DENNIS ROBERTS
OF ATWELL GROUP, FROM GENERAL RURAL LOW DENSITY
SINGLE-FAMILY DETACHED RESIDENTIAL ("RS-GR") TO HIGH
DENSITY MULTIPLE -FAMILY RESIDENTIAL BY PLANNED
DEVELOPMENT ("RM-1/PD"); REPEALING ANY CONFLICTING
PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the submitted planned development ("PD") plan and
preliminary plat proposes a future 12 -lot single-family home
subdivision, tentatively called "Coyote Crossing", on
approximately 2.5 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 November 12, 2019, the Apache Junction planning
and zoning commission voted 4-2 to recommend denial of rezoning
case PZ-6-19; and
WHEREAS, despite the negative recommendation, the city
council hereby determines that the proposed PD 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. 1486
PAGE 1 OF 4
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 quarter of the Northeast
quarter of the Southeast quarter of Section 17, Township 1
North, Range 8 East, of the Gila and Salt River Base and
Meridian. The property is also known as Pinal County
Assessor Parcel #100-31-001A;
be and hereby is amended from General Rural Low Density Single-
Family Residential (RS-GR) to High Density Multiple -Family
Residential by Planned Development (RM-1/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)Street improvements and dedications include Idaho Road and
Tepee Street, but are not necessarily limited to: extension
of pavement and the provision of sidewalk, curb, gutter,
streetlights, underground utilities, fire hydrants,
landscaping and are subject to review and approval by the
city engineer.
4)Landscape, screening and irrigation improvements, planted
within a minimum 10 -foot deep strip inside the net property
line along the eastern perimeter of the property (but
outside of required walls), 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.
ORDINANCE NO. 1486
PAGE 2 OF 4
5)Twenty-five percent (25%) of the internal open space shall
be usable open space and maintained by the homeowners
association "HOA" 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 one home model
with three elevation options, measuring approximately 1,976
square feet in size.All models shall include
architectural treatments on all four sides of the homes so
as to preclude flat or blank façades, 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.
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 PD concepts presented
with case PZ-6-19, incorporated by reference herein, and as
otherwise specified through these conditions of approval,
to include general layout, lot sizes, setbacks (15' front
to home/18' front to garage, 5' rear, 5' sides), public and
private rights -of -way, 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 HOA of the
proposed subdivision.
ORDINANCE NO. 1486
PAGE 3 OF 4
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 OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS /7 DAY OF'Dge_tinka.„2019.
SIGNED AND ATTESTED TO THIS /--)DAY OF 7bittrobk,2019.
JEFF
Mayor
ATTEST:
J'EN FER RA
C y Clerk
APPROVED AS TO FORM:
/9
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1486
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