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HomeMy WebLinkAboutORD1490ORDINANCE NO. 1490 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-3-20, A REQUEST BY ROB HALE AND DANE ASTLE OF EDIFICE ARCHITECTURE ("APPLICANTS"), FROM GENERAL RURAL LOW DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL ("RS-GR") TO HIGH DENSITY MULTIPLE -FAMILY RESIDENTIAL BY PLANNED DEVELOPMENT ("RM-1/PD") AND A MINOR GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL ("MDR")TO HIGH DENSITY RESIDENTIAL ("HDR"), FOR A 52 -UNIT LEASED RESIDENTIAL COMMUNITY; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the Applicants submitted a planned development ("PD") plan for a future +/-52-unit leased residential community, tentatively named "Villas on Superstition", on approximately 4.5 acres subject property, and a minor general plan amendment from MDR to HDR; and WHEREAS, on April 14, 2020, the Apache Junction planning and zoning commission voted 6-0 to recommend approval of rezon- ing/planned development case PZ-3-20, subject to the submitted conceptual PD plans and the conditions prescribed herein; and WHEREAS, 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 the design and uses should result in enhancements to the social, built and natural environments in the city. ORDINANCE NO. 1490 PAGE 1 OF 4 0 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 south half of the southwest quarter of the southeast quarter of the southeast quarter of Section 18, Township 1 North, Range 8 East, of the Gila and Salt River Base and Meridian, Pinal County, Arizona. Except that portion deeded to the City of Apache Junction in Warranty Deed Fee No. 1996-020314 of official records of Section 18, Township 1 North, Range 8 East, of the Gila and Salt River Base and Meridian, Pinal County, Arizona. And also, except that portion deeded to the City of Apache Junction in Warranty Deed Fee No. 2006-091931 of official records of Section 18, Township 1 North, Range 8 East, of the Gila and Salt River Base and Meridian, Pinal County, Arizona more particularly defined as follows: Beginning at the southwest quarter of said above described parcel, thence Northerly, along the west line of said parcel, a distance of 50 feet; Thence Easterly, parallel and 50 feet north of the south line of said parcel, a distance of 660 feet to a point on the east line of said parcel, distance of 50 feet from the southeast corner of said parcel; Thence Southerly, along the east line of said parcel, a distance of 50 feet to the southeast corner of said parcel; Thence Westerly, along the south line of said parcel 660 feet to the point of beginning. ORDINANCE NO. 1490 PAGE 2 OF 4 be and hereby is amended from RS-GR to 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 on file with the city's planning commission 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 Main Drive and Superstition Boulevard, 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 southern and western 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 wall shall be constructed. 5)All applicable permits shall be applied for and plans shall be designed to current city codes prior to any lot grading or construction.Inclusively, all applicable development fees shall be paid at the time of permits issuance on a per -unit basis. 6)The developer's engineer shall meet the civil engineering improvement plans and document requirements, as outlined in the previously provided staff review comments and in accordance of the city's approved engineering standards. 7)All common and amenity areas within the proposed development, including perimeter walls and fences, ORDINANCE NO. 1490 PAGE 3 OF 4 and interior and exterior common area landscaping, shall be owned and maintained in good condition at all times by the developer/owner of the community. 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 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 / V DAY OF 2020. SIGNED AND ATTESTED TO THIS /9 DAY OF , 2020. JEFF SE Mayor ATTEST: 'zL JIR\IIIFER City Clerk NA APPROVED AS TO FORM: 21.20 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1490 PAGE 4 OF 4