HomeMy WebLinkAboutORD1517 ORDINANCE NO. 1517
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
PROPOSED NEW RENTAL COMMUNITY TO BE NAMED `®THE
RESIDENCES AT APACHE TRAIL" LOCATED ON THE PROPERTY
DESCRIBED IN REZONING CASE P-21-68-PZ, A REQUEST BY
SONOMA COMMUNITIES, REPRESENTED BY ADAM BAUGH OF
ITHEY MORRIS, PLC, FROM GENERAL COMMERCIAL ("B-1")
AND HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL ("RM-2")
TO HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL BY PLANNED
DEVELOPMENT (" -2/PD") ; REPEALING ANY CONFLICTING
PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the submitted planned development ("PD") plan
proposes an approximate 201 lot residential rental community to
be named "'The Residences at Apache Trail, " located at the
southwest corner of E. Broadway Avenue and S . Tomahawk Road on
an approximately 22 acre subject property; and
WHEREAS, on September 28, 2021, the Apache Junction
planning and zoning commission voted 7-0 to recommend approval
of rezoning case P-21-68-PZ, subject to the submitted conceptual
PD plans and the conditions prescribed therein; and
WHEREAS, the city council hereby determines that the
proposed PD rezoning request conforms to the Apache Junction
General Plan, and to all of the general criteria as specified in
Apache Junction City Code, Volume II, Land Development Code,
Chapter 1e Zoning Ordinance, Article 1-5a 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
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
ORDINANCE NO. 1517
PAGE 1 OF 6
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
The zoning district classification on the Zoning District Map,
City of Apache Junction, Arizona, for the parcels of land
legally described as :
That portion of the Northeast quarter of Section 28,
Township 1 North, Range 8 East, Gila & Salt River Base and
Meridian, Pinal County, Arizona, described as follows :
Beginning at the Northeast corner of said Section 28;
Thence South 89048 ' 23" West, along the North line of said
Northeast quarter a distance of 420 . 00 feet; Thence
departing said North line, South 12'15 ' 34" West, a distance
of 563 . 31 feet; Thence North 89056156" East, a distance of
540 . 10 feet, to the East line of said Northeast quarter;
Thence North 0000310411 West, along said East line, a
distance of 551 . 40 feet to the Point of Beginning®
Containing 264, 418 . 65 square feet or 6 . 07 acres, more or
less (also known as parcel 102-02-001B) ; and
That portion of the Northeast quarter of Section 28,
Township 1 North, Range 8 East, Gila & Salt River Base and
Meridian, Pinal County, Arizona, described as follows :
Commencing at the Northeast corner of said Section 28;
Thence South 8904812311 West, along the North line of said
Northeast Quarter, a distance of 420 . 00 feet to the Point
of Beginning; Thence continuing along said North line,
South 89048 ' 23" West, a distance of 1564 . 77 feet; Thence
departing said North line, South 54057 ' 08" East, a distance
of 1, 531 . 36 feet; Thence North 35'02152" East, a distance
of 299 . 84 feet; Thence North 12*15134" East, a distance of
654 . 13 feet to the Point of Beginning; Containing
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729, 321 . 97 square feet or 16. 74 acres, more or less (also
known as parcel 102-02-002B) ;
be and hereby is amended from General Commercial ("B-1") and
High Density Multiple-Family Residential ("RM-2") to High
Density Multiple-Family Residential by Planned Development ("RM-
2/PD") subject to the following conditions of approval :
1) All the provisions of the Zoning Ordinance are applicable
to this case®
2) The development shall reflect substantial compliance and
consistency with the Planned Development presented with
case P-21-68-PZ, incorporated by reference herein, and as
otherwise specified through these conditions of approval,
to include general layout, elevations, lot sizes, setbacks,
reduced rear setback of 10' , public and private rights-of-
way, easements and tracts, amenities (including proposed
pool and clubhouse) , perimeter and interior lot separation
walls, model types, landscaping and other improvements ®
3) All elevations shall include a uniform application of
materials on all buildings ® Different color palettes shall
be used to differentiate and vary building elevations .
Allocation of materials shall be consistent throughout the
site ®
4) Landscaping, screening and irrigation improvements, located
within a minimum 10-foot deep strip inside the net property
line (but outside of required walls) along the perimeters
of the property, 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 1-3 ® 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®
5) Street improvements include, but are not necessarily
limited to, extension of pavement and the provision of
sidewalk, curb, gutter, streetlights, underground
utilities, fire hydrants, landscaping and shall be required
as part of this planned development project and subject to
review and approval by the city engineer.
ORDINANCE NO. 1517
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6) The developer shall meet the Traffic Impact Analysis,
CLOMAR/LOMAR, drainage, and FEMA floodplain requirements,
as outlined by the city engineer in the previously provided
pre-application and review comments ®
7) The proposed development will not be age-restricted.
8) 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, including but not limited to public art
fees, shall be paid at the time of permit issuance .
Development fees shall be paid on a per unit basis ®
9) All common and 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 homeowners
association of the proposed subdivision .
10) The developer' s engineer shall meet the civil engineering
improvement plans and document requirements, as outlined in
the previously provided pre-application and review comments
and in accordance with the city' s approved engineering
standards that are in effect at the time of plan submittal .
11) A land division of the northern portion of the eastern
parcel (102-02-001B) , and subsequent lot combination of the
newly created parcel and existing RM-2 zoned parcel (102-
02-002B) , shall be required.
12) Minor PD modifications or alterations of the approved
architecture designs, floor plans, open space, unit mix,
clubhouse location or development plan, shall be
administratively reviewed and approved by the development
services director or designee ("the director") .
13) Major deviations or proposed changes from the original
plans associated with this case will require a major PD
amendment ® The director shall interpret the proposed
modification to be significant/major if, in the director' s
opinion, the modified project density (i .e® , units per
acre) is proposed to be increased by more than 100, the
ORDINANCE NO. 1517
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quality of project design is diminished, the types of
proposed land uses are significantly altered and/or the
overall character of the project is contrary to the intent
and spirit of the original city council PD ordinance
approval .
14) The developer will meet with the city to dedicate pieces of
the land for trail use ®
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 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 Iq DAY OF _&4L*,,,-r 2021 .
SIGNED AND ATTESTED TO THIS JQ DAY OF nCkJQe,r ®, 2021 .
r I iL
WALTER "CHIP" WILSON
Mayor
ATTEST®
(J NNIFE PENA
City Clerk
ORDINANCE NO® 1517
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APPROVED AS TO FORM:
4--:�010 -16'-21
RICHARD JCEL STERN
City Attorney
ORDINANCE NO. 1517
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