HomeMy WebLinkAboutORD1514 ORDINANCE NO. 1514
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE
JUNCCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE
ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA,
CLANGING THE ZONING DISTRICT CLASSIFICATION FOR A NEW
MASTER PLANNED COMMUNITY KNOWN AS THE "RETAINED
PROPERTY AT SUPERSTITION VISTAS' TO BE LOCATED ON THE
PROPERTY DESCRIBED IN REZONING CASE P-21-51®MPC, A
REQUEST BY THE ARIZONA STATE LAND DEPARTMENT, 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 "RETAINED PROPERTY
AT SUPERSTITION VISTAS, MASTER PLANNED COMMUNITY PLAN,
AUGUST 3OTH 2021"; REPEALING ANY CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR PENALTIES ®
WHEREAS, the submitted Master Planned Community ("MPC")
plan proposes the development of six (6) development units to
facilitate the construction of a maximum of 16, 430 new
residential units and a maximum of 9, 556, 600 square feet of non-
residential development generally bounded by Baseline Avenue to
the Frye Road alignment and from Meridian Drive to the Central
Arizona Project Canal totaling approximately 5, 307 acres, in an
area designated MPC by the city° s general plan and said MPC plan
complies with the MPC designation; and
WHEREAS, on September 14, 2021, the Apache Junction
planning and zoning commission voted 6-0 to recommend approval
of rezoning case P-21-51-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 7unotion City Code, Volume II, Land
Development Code, Chapter 1 : 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
uses should result in enhancements to the social, built and
natural environments in the city; and
ORDINANCE NO® 1514
PAGE 1 OF 9
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 "Retained 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. apachejunctioaa_�. o,y) and filed with the city clerk of
the City of Apache Junction, which document was made a
public record by Resolution No. 21-48, 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 :
All of Sections 7, 28 and 29 and a portion of Sections 6, 8, 9,
16, 18, 21, 22, 27, 30, 31, 32, 33 and 34, Township 1 South,
Range 8 East, of the Gila and Salt River Meridian, Pinal County,
Arizona, more particularly described as follows :
BEGINNING at the northwest corner of said Section 6, a City of
Apache Junction (CAP) aluminum cap flush, from which the west
quarter corner of said Section 6, a 2 1/2-inch General Land
Office (GLO) brass cap in handhole, bears South 00'38 ' 16" East
(basis of bearing) , a distance of 2254 . 82 feet;
THENCE along the south line of Section 36, Township 1 North,
Range 7 East, of the Gila and Salt River Meridian, South
89"46' 09" East, a distance of 1045. 52 feet, to the southwest
ORDINANCE NO. 1514
PAGE 2 OF 9
corner of Section 31, Township 1 North, Range 8 East, of the
Gila and Salt River Meridian;
THENCE leaving said south line, along the south line of said
Section 31, North 89*44 ' 21" East, a distance of 2115 . 12 feet, to
the westerly right-of-way line of the Central Arizona Project
Canal, according to Record of Survey recorded in Fee No. 2010-
061925 Pinal County Records (PCR) ;
THENCE leaving said south line, along said westerly right-of-way
line, South 39*50 ' 42" East, a distance of 2921 . 54 feet, to the
east-west mid-section line of said Section 6;
THENCE leaving said westerly right-of-way line, along said mid-
section line, South 89'48 ' 14" West, a distance of 57 . 38 feet, to
the northeast corner of the northwest quarter of the southeast
quarter of said Section 6 and a point hereby designated as Point
"A" for future reference in this description;
THENCE continuing South 89"48 ' 14" West, a distance of 4950 . 03
feet, to the west quarter corner of said Section 6 and the east
line of Section 1, Township 1 South, Range 7 East, of the Gila
and Salt River Meridian;
THENCE leaving said mid-section line, along said east line,
North 00'38 ' 16" West, a distance of 2254 . 97 feet, to the POINT
OF BEGINNING.
TOGETHER WITH:
COMMENCING at said Point "A";
THENCE along the east line of said northwest quarter of the
southeast quarter, South 00'16' 02" East, a distance of 9. 34
feet, to said westerly right-of-way line and the POINT OF
BEGINNING;
THENCE leaving said east line, along said westerly right-of-way
line, South 39049' 39" East, a distance of 1011 . 54 feet;
THENCE South 39049' 37" East, a distance of 1061 . 71 feet, to the
east line of said Section 6;
THENCE leaving said westerly right-of-way line, along said east
line, South 00'15 ' 20" East, a distance of 1036. 61 feet, to the
northeast corner of said Section 7;
THENCE leaving said east line, along the east line of said
Section 7, South 00'16' 28" East, a distance of 27 . 53 feet, to
said westerly right-of-way line;
THENCE leaving said east line, along said westerly right-of-way
line, South 65'29 ' 23" East, a distance of 580. 89 feet, to the
northwest corner of that certain parcel of land recorded in Fee
No. 2018-083654, PCR;
THENCE leaving said westerly right-of-way line, along the west
line of said certain parcel of land, South 00016814" East, a
ORDINANCE NO. 1514
PAGE 3 OF 9
distance of 2319. 90 feet, to the southwest corner of said
certain parcel of land;
THENCE leaving said west line, along the south line of said
certain parcel of land, North 89046 ' 12"
East, a distance of 2135 . 61 feet, to the southeast corner of
said certain parcel of land;
THENCE leaving said south line, along the east line of said
certain parcel of land, North 00016' 00" West, a distance of
740 . 95 feet;
THENCE leaving said east line, South 89'59' 55" East, a distance
of 942 . 40 feet, to said westerly right-of-way line;
THENCE along said westerly right-of-way line, South 46010' 37"
East, a distance of 45. 58 feet;
THENCE South 27000 ' 54" East, a distance of 2934 .29 feet;
THENCE South 26058 ' 27" East, a distance of 377 . 46 feet;
THENCE South 34*18 ' 04" East, a distance of 286. 60 feet, to the
east line of said Section 8;
THENCE leaving said east line, continuing South 34'18 ' 04" East,
a distance of 243. 56 feet, to the south line of said Section 9;
THENCE leaving said south line, continuing South 34'18 ' 04" East,
a distance of 1162 . 72 feet;
THENCE South 31046' 47" East, a distance of 483 . 50 feet;
THENCE South 29016' 41" East, a distance of 2796. 96 feet;
THENCE South 27026' 50" East, a distance of 546. 31 feet, to the
north-south mid-section line of said Section 16;
THENCE leaving said mid-section line, continuing South 27'26' 50"
East, a distance of 539. 81 feet;
THENCE South 27018100" East, a distance of 556.20 feet;
THENCE South 27015 ' 55" East, a distance of 3619. 06 feet;
THENCE South 20048 ' 28" East, a distance of 597 . 78 feet;
THENCE South 14024 ' 38" East, a distance of 919. 93 feet;
THENCE South 14023111" East, a distance of 264 . 84 feet, to the
east line of said Section 21;
THENCE leaving said east line, continuing South 14024 ' 22" East,
a distance of 362 . 17 feet, to the south line of said Section 22;
THENCE leaving said south line, continuing South 14024 ' 08" East,
a distance of 3133. 90 feet;
THENCE South 11047 ' 35" East, a distance of 531 . 16 feet;
THENCE South 08049 ' 20" East, a distance of 861 . 62 feet;
THENCE South 08053159" East, a distance of 881 . 26 feet, to the
south line of said Section 27;
THENCE leaving said south line, continuing South 08055 ' 40" East,
a distance of 1058 . 68 feet;
THENCE South 08051 ' 12" East, a distance of 383 . 27 feet;
THENCE South 23013158" East, a distance of 384 . 55 feet;
ORDINANCE NO. 1514
PAGE 4 OF 9
THENCE South 23010108" East, a distance of 936. 25 feet, to the
east-west mid-section line of said Section 34;
THENCE along said mid-section line, South 89'48120" West, a
distance of 1955. 24 feet, to the east quarter corner of said
Section 33;
THENCE leaving said mid-section line, along the east-west mid-
section line of said Section 33, South 89044149" West, a
distance of 5282 . 94 feet, to the east quarter corner of said
Section 32;
THENCE leaving said mid-section line, along the east-west mid-
section line of said Section 32, South 89'48 ' 56" West, a
distance of 5284 . 62 feet, to the east quarter corner of said
Section 31;
THENCE leaving said mid-section line, along the east-west mid-
section line of said Section 31, South 89'47 ' 00" West, a
distance of 5283 . 44 feet, to the east line of Superstition View
Ranchettes, recorded in Book 9, page 41, PCR;
THENCE leaving said mid-section line, along said east line,
North 00012 ' 47" West, a distance of 2638 . 28 feet, to the
northeast corner of said Superstition View Ranchettes;
THENCE leaving said east line, along the north line of said
Superstition View Ranchettes, South 89'45136" West, a distance
of 838 . 80 feet, to the east line of Section 25, Township 1
South, Range 7 East, of the Gila and Salt River Meridian;
THENCE leaving said north line, along said east line, North
00*37 ' 47" West, a distance of 2276. 54 feet, to the east quarter
corner of said Section 25;
THENCE North 00037 ' 36" West, a distance of 2634 . 62 feet, to the
northeast corner of said Section 25;
THENCE leaving said east line, South 89035 ' 40" East, a distance
of 1421 . 78 feet, to the beginning of a curve;
THENCE easterly along said curve to the left, 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 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 11'16' 39", a distance of 1968 . 29 feet, to the north
line of said Section 30 and the curves end;
THENCE along said north line, North 89"44 ' 56" East, a distance
of 702 . 14 feet, to the northwest corner of said Section 29;
THENCE leaving said north line, along the north line of said
Section 29, North 89048 ' 18" East, a distance of 2643 .78 feet, to
the north quarter corner of said Section 29;
THENCE North 89'46' 59" East, a distance of 2643 . 36 feet, to the
southwest corner of said Section 21;
ORDINANCE NC® 1514
PAGE 5 OF 9
THENCE leaving said north line, along the west line of said
Section 21, North 00'15 ' 30" West, a
distance of 2641 . 53 feet, to the west quarter corner of said
Section 21;
THENCE North 00016' 25" West, a distance of 2640. 88 feet, to the
southwest corner of said Section 16;
THENCE leaving said west line, along the west line of said
Section 16, North 00"17 ' 39" West, a distance of 2641 . 38 feet, to
the west quarter corner of said Section 16;
THENCE North 00017 ' 17" West, a distance of 2641 . 26 feet, to the
southeast corner of said Section 8;
THENCE leaving said west line, along the south line of said
Section 8, South 89"47 ' 06" West, a distance of 2643. 88 feet, to
the south quarter corner of said Section 8;
THENCE South 89'45 ' 04" West, a distance of 2642 . 33 feet, to the
southeast corner of said Section 7;
THENCE leaving said south line, along the south line of said
Section 7, South 89'45 ' 45" West, a distance of 703 . 03 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 11'33 ' 02", a distance of 2015 . 95
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 12"09 ' 59", a distance of 2123 . 45 feet, to a point of
intersection with a non-tangent curve;
THENCE northerly along said non-tangent curve to the right,
having a radius of 1057 .78 feet, concave easterly, whose radius
bears North 88'20158" East, through a central angle of
04'03 ' 48", a distance of 75. 02 feet, to a point of intersection
with a non-tangent line;
THENCE North 89037 ' 08" West, a distance of 1403 . 26 feet, to the
east line of Section 12, Township 1 South, Range 7 East, of the
Gila and Salt River Meridian;
THENCE along said east line, North 00'39' 09" West, a distance of
2562 . 61 feet, to the east quarter corner of said Section 12;
THENCE North 00039' 54" West, a distance of 2638 . 07 feet, to the
southeast corner of said Section 1, Township 1 South, Range 7
East of the Gila and Salt River Meridian;
THENCE along the east line of said Section 1, North 00'37157"
West, a distance of 398 . 31 feet, to the southwest corner of said
Section 6;
THENCE leaving said east line, along the south line of said
Section 6, North 89047 ' 38" East, a distance of 3612 . 04 feet, to
the south quarter corner of said Section 6;
ORDINANCE NO. 1514
PAGE 6 OF 9
THENCE leaving said south line, along the north-south mid-
section line of said Section 6, North 00'15 ' 48" West, a distance
of 1321 . 54 feet, to the northeast corner of GLO Lot 14, in said
Section 6;
THENCE leaving said mid-section line, along the south line of
the northwest quarter of the southeast quarter said Section 6,
North 89'47 ' 30" East, a distance of 1320 .75 feet, to the
southeast corner of said northwest quarter of the southeast
quarter;
THENCE leaving said south line, along the east line of said
northwest quarter of the southeast quarter, North 00016' 01"
West, a distance of 1311 . 99 feet, to the POINT OF BEGINNING.
Containing 231, 179, 791 square feet or 5, 307 . 1577 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 Retained 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
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 .
ORDINANCE NO. 1514
PAGE 7 OF 9
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 Apache Junction City Code, Volume II, Chapter 1 :
Zoning Ordinance, Article 1-1, Introductory Provisions, Section
1-1-7 General
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF I_OL, 2021 ®
SIGNED AND ATTESTED TO THIS DAY OF _D 2021 .
WALTER "CHIP®`
Mayor
ATTEST:
N 'ER P DNA
NA�
IFER
City Clerk'
ORDINANCE NO® 1514
PAGE 8 OF 9
APPROVED AS TO FORM:
4::�e /0 A 4.21
RICHARD JOEL STERN
City Attorney
ORDINANCE NO® 1514
PAGE 9 OF 9