HomeMy WebLinkAboutORD1458ORDINANCE NO. 1458
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
O F 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
PROPERTIES DESCRIBED IN REZONING CASE PZ-5-17,A
REZONING REQUEST BY SUPERSTITION MOUNTAINS COMMUNITY
FACILITIES DISTRICT NO.1 ("SMCFD"),REPRESENTED BY
DARRON ANGLIN,FROM INDUSTRIAL ("B-5")AND GENERAL
RURAL LOW DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL
("RS-GR")T O PUBLIC AND INSTITUTIONAL BY PLANNED
DEVELOPMENT ("PI/PD")REPEALING ANY CONFLICTING
PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS,Superstition Mountains Community Facilities
District No.1 ("SMCFD")was formed by the City of Apache
Junction in July 1992, pursuant to Title 48,Chapter 4,Article
6 of the Arizona Revised Statutes,as a separate governmental
entity,for the purpose of constructing sewer infrastructure and
providing sewer service to residents; and
WHEREAS,the initial parcel of land (under Pinal County
Assessor Parcel Number ("PCAPN")104-07-005)was developed in
1995 with the initial SMCFD facility in January 1996 and was
zoned Heavy Industrial ("0I-2"); and
WHEREAS,PCAPN 104-07-008 was acquired by SMCFD in January
2013 and was zoned General Rural ("GR"); and
WHEREAS,PCAPN 104-07-007 was acquired by SMCFD in March
2017 and was zoned General Rural ("GR"); and
WHEREAS,on May 6,2014,pursuant to Ordinance No.1402,
the City adopted a new zoning ordinance and zoning district maps
and the subject sites were given new zoning designations of B-5
for PCAPN 104-07-005 and General RS-GR for PCAPNs 104-07-007 and
104-07-008; and
ORDINANCE NO. 1458
Page 1 of 5
WHEREAS,SMCFD desires legal zoning on all of its
properties to prepare for future community growth and expansion;
and
WHEREAS,on January 9,2018,the planning and zoning
commission,after an advertised public hearing,voted to
recommend approval of rezoning case PZ-5-17 by a vote of 7 to 0;
and
WHEREAS,the city council hereby determines that the
proposed rezoning conforms to all of the general criteria as
specified in the Apache Junction City Code,Volume II,Land
Development Code,Chapter 1:Zoning Ordinance,Article 1-5:
Zoning Bulk and Use Regulations,Section 1-5-3,Non -Residential
Use Regulations,and Section 1-5-4.Non -Residential Bulk
Regulations,and Section 1-4-3:Zoning Districts,Planned
Development ("PD")District (except as otherwise conditioned
herein).
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
That the zoning district classification on the Zoning
District Map, City of Apache Junction, Arizona,for the parcels
of land legally described as:
That part of the North half of Section 8, Township 1
South,Range 8 East,Gila and Salt River Meridian,
Pinal County,Arizona;Commencing at the Northwest
corner of said Section 8; Thence S00°16'17"E along the
West line of said North half, a distance of 27.53 feet
to the Southerly line of the central Arizona aqueduct;
Thence S65°28'32"E along said Southerly line distance
of 932.02 feet to the East line of the West 847 feet
of said North half and the true point of beginning;
Thence continuing S65°28'31"E along said Southerly
line a distance of 2000 feet;thence S00 °16'17"E a
distance of 760 feet; thence S73°42'40" a distance of
1888.95 feet; Thence N00 °16'17"W along said East line
ORDINANCE NO. 1458
Page 2 of 5
of the West 847 feet a distance of 2120 feet to the
point of beginning (also known as Pinal County
Assessor parcel number 104-07-005); and
A portion of the Section 8, Township 1 South, Range 8
East,Gila and Salt River Meridian,Pinal County,
Arizona;Commencing at the Northwest corner of said
Section 8, being a 3" Brass CAP Monument found in 2005
from the West one -quarter corner bears S00°16'17"E a
distance of 2640.55 feet, being a GLO Monument found
in 2005;Thence S00°16'17"E along said West line of
said Section 8,a distance of 27.53 feet;Thence
S65°29'13"E a distance of 2932.66 feet to the point of
beginning;Thence S65°29'13"E a distance of 679.77
feet;Thence 546°14'48"E a distance of 451.86 feet'
Thence N90°00'00"W a distance of 942.38 feet;Thence
N00°14'31"W a distance of 594.53 feet to the true
point of beginning (also known as Pinal County
Assessor parcel number 104-07-007); and
A portion of the Northwest quarter of Section 8,
Township 1 North,Range 8 East,Gila and Salt River
Meridian, Pinal County, Arizona: commencing at a found
3-1/4" Pinal County brass cap flush accepted as the
Northwest corner of said Section 8 from which a found
3-1/4" Pinal County brass cap flush accepted as the
West quarter corner thereof bears thence S00°16'32"E,
a distance of 2640.66 feet thence S00 °16'32"E,a
distance of 27.46 feet along the West line of the
Northwest quarter of said Section 8 to the Southerly
line of the CAP canal;thence leaving said West line
S65°28'32"E,a distance of 580.92 feet along said
Southerly line to the point of beginning;thence
continue along said Southerly line S65°28'32"E,a
distance of 352.49 feet; thence leaving said Southerly
line S00°16'17"E,a distance of 2119.99 feet;thence
N73°42'40"E,a distance of 1888.95 feet;thence
S00°16'17"E,a distance
S89 °46'08"W,a distance
N00 °16'17"W,a distance of
of beginning (also known
parcel number 104-07-008);
ORDINANCE NO. 1458
Page 3 of 5
of 574.80 feet;thence
of 2135.61 feet;thence
2319.91 feet to the point
as Pinal County Assessor
be and hereby are amended from Industrial ("B-5")and General
Rural Low Density Single -Family Detached Residential ("RS-GR")
to Public and Institutional by Planned Development ("PI/PD")
subject to the following conditions of approval:
1)The property owners shall proceed through the city and
county lot combination processes within 6 months of
zoning approval.
2)Any expansion into flood zone areas must be approved by
the city's flood plain administrator/city engineer.
3)Any development of future structures is subject to
applicable building permits and staff review for zoning
compliance.
4)Subsequent to the acquisition of the entry parcel from
Pinal County,at the entrance drive to the SMCFD
property (intersection of S.Ironwood Drive and W.
Guadalupe Avenue),on each side of the entry,SMCFD
shall install six (6)36" box trees, 24 5 -gallon shrubs
;e -minus decompose granite groundcover and entry
monumentation no taller than six feet high.The entry
drive landscaping and monument improvements shall be
contained within SMCFD's easement drive area,be
designed by a landscape architect,use xeriscape plant
materials,include irrigation and shall subject to
city's development services department's review,input
and approval,which approval may not be unreasonably
withheld by city. SMCFD shall complete this landscaping
no later than one year from the date of the entry parcel
acquisition.All continuing expenses,water and
maintenance costs associated therewith shall be paid by
SMCFD.
5)SMCFD will create a natural barrier between the site and
future neighborhoods, such barrier to be in the form of
trees or natural landscaping to be agreed upon between
the city and SMCFD.
ORDINANCE NO. 1458
Page 4 of 5
6)Property owner/applicant shall maintain the property in
accordance with state, federal and local regulations.
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,subsection,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 ?ND CITY COUNCI OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS to,'"/DAY OF , 2018.
I -0 /SIGNED AND ATTESTED TO THIS (A,DAY OF AgAe.AVAN 2018.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1458
Page 5 of 5