HomeMy WebLinkAboutORD1513 ORDINANCE NO® 1513
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 A NEW
MASTER PLANNED COMMUNITY KNOWN AS THE "AUCTION
PROPERTY AT SUPERSTITION VISTAS" TO BE LOCATED ON THE
PROPERTY DESCRIBED IN REZONING CASE P-21-50-MPC, A
REQUEST BY D.R. HORTON, REPRESENTED BY PATRICK BROWN,
FROM GENERAL RURAL LOW DENSITY SINGLE-FAMILY DETACHED
RESIDENTIAL ("RS-GR") TO MASTER PLANNED COMMUNITY
("MPC®®) , ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT
FILED WITH THE CITY CLERK ENTITLED "AUCTION PROPERTY
AT SUPERSTITION VISTAS, MASTED PLANNED COMMUNITY PLAN,
AUGUST 30TH 2021"; REPEALING ANY CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR PENALTIES®
WHEREAS, the submitted Master Planned Community ("MPC®')
plan proposes the development of two (2) development units to
facilitate the construction of a maximum of 10, 940 new
residential units and a maximum of 443, 400 square feet of non-
residential development generally bounded by Elliot Avenue on
the north to Ray Avenue on the south and from Meridian Drive on
the west to the Idaho Road alignment on the east, totaling
approximately 2, 753 acres, in an area designated MPC by the
city' s general plan and said MPC plan complies with the MPG
designation; and
WHEREAS, on September 14, 2021, the Apache Junction
planning and zoning commission voted 6-0 to recommend approval
of rezoning case P-21-50-MPC, subject to the submitted MPC plans
and the conditions prescribed herein; and
WHEREAS, the city council hereby determines that the
proposed MPC plan conforms to all of the general criteria as
specified in Apache Junction City Code, Volume II, Lana
Development Code, Chapter lw Zoning Ordinance, and Article 1-4m
Zoning Districts, including integration with the surrounding
neighborhood, adequate traffic accommodation, adequate public
facilities, extension of infrastructure, and that the design and
ORDINANCE NO® 1513
PAGE 1 OF 6
uses should result in enhancements to the social, built and
natural environments in the city; and
WHEREAS, pursuant to A.R.S. § 9-462 . 01 (J) , the city
council, before adopting any zoning ordinance or text amendment
of general applicability, shall consider the probable impact the
proposed zoning ordinance or text amendment would have on the
cost to construct housing for sale or rent; and
WHEREAS, the city council has determined the adoption of
this ordinance or text amendment will have no negative impact on
the cost to construct housing for sale or rent as delineated
under A.R.S . § 9-462 . 01 (J) .
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
1 . That certain document entitled "Auction Property at
Superstition Vistas, Master Planned Community Plan, August
30th, 2021", at least three paper copies are filed with the
city clerk, or one paper copy and one electronic copy which
are accessible on the city' s website
(www. aloachelunctio ) and filed with the city clerk of
the City of Apache Junction, which document was made a
public record by Resolution No® 21-47, is hereby referred
to, adopted and made a part hereof as if fully set out in
this ordinance, pursuant to A.R. S. § 9-802 .
2 . The zoning district classification on the Zoning District
Map, City of Apache Junction, Arizona, for the parcels of
land legally described as :
Sections 17, 19 and 20, and a portion of Sections 18 and 30,
Township 1 South, Range 8 East, of the Gila and Salt River
Meridian, Final County, Arizona, more particularly described as
follows :
BEGINNING at the southeast corner of Section 24, Township 1
South, Range 7 East, of the Gila and Salt River Meridian, a 1-i2-
inch rebar with no identification, from which the east quarter
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corner of said Section 24, a 2 1/2-inch General Land Office
(GIGO) brass cap in handhole, bears North 00"38 ' 07" West (basis
of bearing) , a distance of 2635 . 59 feet;
THENCE along the east line of said Section 24, North 00038 ' 07"
West, a distance of 2635 . 59 feet, to said east quarter corner;
THENCE North 00037 ' 44" West, a distance of 2633. 61 feet, to the
southeast corner of Section 13, Township 1 South, Range 7 East,
of the Gila and Salt River Meridian;
THENCE leaving said east line, along the east line of said
Section 13, North 00'39' 46" West, a distance of 2637 . 45 feet, to
the east quarter corner of said Section 13;
THENCE North 00037 ' 58" West, a distance of 2637 . 66 feet, to the
southeast corner of Section 12, Township 1 South, Range 7 East,
of the Gila and Salt River Meridian;
THENCE leaving said east line, along the east line of said
Section 12, North 00"39' 09" West, a distance of 75 . 01 feet;
THENCE leaving said east line, South 89'37 ' 08" East, a distance
of 1403 . 26 feet, to a point of intersection with a non-tangent
curve;
THENCE southerly along said non-tangent curve to the left,
having a radius of 1057 .78 feet, concave easterly, whose radius
bears South 87'35 ' 14" East, through a central angle of
04'03148", a distance of 75 . 02 feet, to a point of intersection
with a non-tangent curve;
THENCE easterly along said non-tangent curve to the left, having
a radius of 10000 . 00 feet, concave northerly, whose radius bears
North 00'22 ' 43" East, through a central angle of 12'09' 59", a
distance of 2123 . 45 feet, to the beginning of a reverse curve;
THENCE easterly along said reverse curve to the right, having a
radius of 10000 . 00 feet, concave southerly, through a central
angle of 11'33 ' 02", a distance of 2015 . 95 feet, to the north
line of said Section 18 and the curves end;
THENCE along said north line, North 89"45 ' 45" East, a distance
of 703. 03 feet, to the northwest corner of said Section 17;
THENCE leaving said north line, along the north line of said
Section 17, North 89'45 ' 04" East, a distance of 2642 . 33 feet, to
the north quarter corner of said Section 17;
THENCE North 89'47 ' 06" East, a distance of 2643 . 88 feet, to the
northeast corner of said Section 17;
THENCE leaving said north line, along the east line of said
Section 17, South 00017 ' 17" East, a distance of 2641 . 26 feet, to
the east quarter corner of said Section 17;
THENCE South 00017 ' 39" East, a distance of 2641 . 38 feet, to the
northeast corner of said Section 20;
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THENCE leaving said east line, along the east line of said
Section 20, South 00'16' 25" East, a distance of 2640 . 88 feet, to
the east quarter corner of said Section 20;
THENCE South 00015 ' 30" East, a distance of 2641 . 53 feet, to the
southeast corner of said Section 20;
THENCE leaving said east line, along the south line of said
Section 20, South 89'46 ' 59" West, a distance of 2643 . 36 feet, to
the south quarter corner of said Section 20;
THENCE South 89048 ' 18" West, a distance of 2643. 78 feet, to the
southeast corner of said Section 19;
THENCE leaving said south line, along the south line of said
Section 19, South 89'44 ' 56" West, a distance of 702 . 14 feet, to
the beginning of a curve;
THENCE leaving said south line, westerly along said curve to the
left, having a radius of 10000. 00 feet, concave southerly,
through a central angle of 11'16' 39", a distance of 1968 . 29
feet, to the beginning of a reverse curve;
THENCE westerly along said reverse curve to the right, having a
radius of 10000 . 00 feet, concave northerly, through a central
angle of 11*56' 03", a distance of 2082 . 89 feet, to the curves
end;
THENCE North 89035 ' 40" West, a distance of 1421 . 78 feet, to the
POINT OF BEGINNING.
Containing 121, 230, 851 square feet or 2, 783 . 0774 acres, more or
less .
Subject to existing right-of-ways and easements .
be and hereby is amended from General Rural Low Density
Single-Family Detached Residential ("RS-GR") to Master
Planned Community ("MPC") subject to the following
conditions of approval:
1 . The Auction Property shall be developed in accordance with
the MPC, Development Unit Plan, Infrastructure Master Plans
and the corresponding Development Agreement.
2 . Street improvements include but are not necessarily limited
to, the construction of new streets and street networks,
extension of pavement and the provision of sidewalks, curb,
gutter, traffic signals, streetlights, underground
utilities, fire hydrants, landscaping and shall be required
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as part of this project, and subject to review and approval
by the city engineer.
3 . All applicable permits shall be applied for and plans shall
be designed to current city codes . Inclusively, all
applicable development fees shall be paid at the time of
permits issuance.
4 . 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 applicable homeowners
associations .
5 . The developer® s engineer shall meet the civil engineering
improvement plans and document requirements, as outlined in
the MPC plan and in accordance with the city' s approved
engineering standards that are in effect at the time of
plan submittal .
SECTION II REPEALING ANY CONFLICTING PROVISIONS :
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the codes adopted
herein by reference 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
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
SECTION IV PROVIDING FOR PENALTIES:
Unless noted otherwise, any violation of any provisions adopted
herein, shall be punishable as criminal or civil violations
consistent with A ache function Cit Code, Volume II, Chapter 1 :
Zoning Ordinance, Article 1-1 . Introductory Provisions, Section
1-1-7 General
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PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACIiE ILINCTION® ARIZONA, THIS DAY OF q 2021 .
SIGNED AND ATTESTED TO THIS .. _.: DAY OF 2021
WALTER CHIP°® WILSON
Mayer
ATTEST®
4I ___
FER ENA
City Cle' k
APPROVED AS TO FORM®
.. .
I D JO L STERN
City Attorney
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