HomeMy WebLinkAboutORD1528 ORDINANCE NO. 1528
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, CONDITIONALLY APPROVING A
PLANNED DEVELOPMENT MAJOR AMENDMENT, CASE P-21-99-PZ,
A REQUEST BY TRAVIS HEPPE, REPRESENTED BY WILSON EJIM
OF EJIM DESIGN CROUP, TO CONSTRUCT THREE, TWO-STORY,
4-PLEXES ON A HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL
BY PLANNED DEVELOPMENT ("RM-21PD") PROPERTY; ADOPTING
BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "ZONING
CONDITIONS OF CASE NO® P-21-99-PZ AUTHORIZER UNDER
ORDINANCE NO. 1528 FOR THE PLANNED DEVELOPMENT MAJOR
AMENDMENT OF THE PROPERTY LEGALLY DESCRIBED AS AND
LOCATED AT 94 W. ROUNDUP STREET, APACHE JUNCTION,
ARIZONA. "; REPEALING ANY CONFLICTING PROVISIONS, AND
PROVIDING FOR SEVERAHILITY.
WHEREAS, the City of Apache Junction (the "City") was
incorporated in November of 1978 and the zoning that was applied
to the parcels 94 W. Roundup Street at that time was ("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 properties were inadvertently given a new
zoning designation of Higgs Density Multiple-Family Residential
by Planned Development ("RM-2fPD") ; and
WHEREAS, the incorrect zoning was brought to the attention
of staff when the current property owners inquired about
developing the property with three, two-story, 4-plexes; and
WHEREAS, the current property owner, Travis Heppe, recently
applied for a planned development ("PD") mayor amendment to
allow the development of three, two-story 4-plexes; and
WHEREAS, the planning and zoning commission had concerns
regarding the two-story design and long-term maintenance of the
property; and
WHEREAS, on October 11, 2022, the Apache Junction planning
and zoning commission voted 5-1 to recommend denial of rezoning
case P-21-99-PZ; and
WHEREAS, pursuant to A.R.S. § 9--462 . 01 (1) , the city
council, before adopting any zoning ordinance or text amendment
of general applicability, shall consider the probable impact the
ORDINANCE; NO. 1525
PAGE 1 OF 4
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 (1) ; and
WHEREAS, the city council hereby determines that the
proposed planned development amendment request conforms to all
of the general criteria as specified in A ache Tunction City
Code, Volume II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-4 : Zoning Districts, Section 1-4-3, Planned
Development (°`PD") Ove lav District, and Article 1-5 : iEiE
Bulk and Use Regulations (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, A.R.S. § 9-802 permits municipalities to enact the
provisions of a code or public record theretofore in existence
without setting forth such provisions in full text as long as
the adopting ordinance is published in full text and at least
one paper copy of the code changes or public record are filed in
the office of the clerk of the municipality and an electronic
copy is accessible on the city' s website and made available for
public inspection®
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
1 . That the planned development major amendment, as
recommended by the city council, in case P-21-99-PZ, is
approved with conditions incorporated by reference in
section 2 below.
2 ® That certain document entitled "Zoning conditions of Case
No. P-21-99-PZ authorized under Ordinance No. 1528 for the
planned development major amendment of the property legally
described as and located at 94 . W. Roundup Street, Apache
Junction, Arizona", one paper copy and one electronic copy
ORDINANCE NO. 1528
PAGE 2 OF 4
which are accessible on the city' s website and filed in the
office of the city clerk, which document was made a public
record by Resolution No. 22-38 of the City of Apache
Junction, is hereby referred to, adopted and made a part
hereof as if fully set out in this ordinance, pursuant to
A.R. S. § 9-802a
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 codes or regulations
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 DAY OF /2,oil , 2022 .
SIGNED AND ATTESTED TO THIS DAY OF 2022 .
WALTE "CHIP" WILSON
Mayor
ATTEST:
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City '�tVty Cler
ORDINANCE NO. 1528
PAGE 3 OF 4
APPROVED AS TO FORM:
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§ JOS£ STERN .
City attorney
ORDINANCE NO. 1528
PAGE 4 DE 4
ZONING CONDITIONS OF CASE NO . P-21 99-PZ
AUTHORIZED UNDER ORDINANCE NO ® 1528 FOR THE
PLANNED DEVELOPMENT MAJOR AMENDMENT OF THE
PROPERTY LEGALLY DESCRIBED AS AND LOCATED AT 9
W ® ROUNDUP STREET, APAGHE JUNGT O r AR ZONA .
A) The mayor and council passed Ordinance No. 1528 on November
15, 2022, which approved the planned development major
amendment of the three parcels located at 94 W. Roundup
Street, Apache Junction, Arizona, legally described as
follows :
Parcel No® 1 (APN 100-31-017C) :
The West 242 feet of the South 99 feet of the South half of
the Southeast quarter of the Northeast quarter of the
Southeast quarter of Section 17, Township 1 North, Range 8
East of the Gila and Salt River Base and Meridian, Pinal
County, Arizona;
EXCEPT all oil, gas and other mineral deposits as set forth
in Patent to said land as reserved to the United States of
America, recorded in Docket 222, Page 284 .
Parcel No. 2 (APN 100-31-017D) :
The East 209 feet of the West 451 feet of the South 99 feet
of the South half of the Southeast quarter of the Northeast
quarter of the Southeast quarter of Section 17, Township 1
North, Range 8 East of the Gila and Salt River Base and
Meridian, Pinal County, Arizona;
EXCEPT all oil, gas and other mineral deposits as set forth
in Patent to said land as reserved to the United States of
America, recorded in Docket 222, Page 284 .
Parcel No. 3 (APN 100-31-017B) :
The South 99 feet of the South half of the Southeast
quarter of the Northeast quarter of the Southeast quarter
of Section 17, Township 1 North, Range 8 East of the Gila
and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the West 451 feet; and
EXCEPT all oil, gas and other mineral deposits as set forth
in Patent to said land as reserved to the United States of
America, recorded in Docket 222, Page 284 .
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B) The approval is subject to the following zoning conditions :
STANDARD CONDITIONS
1) The development shall reflect substantial compliance and
consistency with the city' s zoning ordinance and the
planned development presented with the site plan in case P-
21-99-PZ, incorporated by reference herein, and as
otherwise specified through these conditions of approval,
to include general layout, elevations, lot sizes, setbacks
deviations, public and private rights-of-ways, pedestrian
trails, amenities, perimeter and interior lot separation
walls, model types, landscaping and other improvements .
2) Landscaping, planted within a minimum 10-foot deep strip
inside the net property line (but outside of required
walls) along the perimeters of the property, as well as
screening and irrigation improvements shall be provided in
compliance with the city' s landscape and screening
requirements contained in Apache Code, Volume
II, Land Development Code, Chapter 1, Zoning. Ord�inance,
Article 1-8, landscape regulations, unless specific
deviations are approved as part of the rezoning request ®
3) Street improvements include but not necessarily limited to,
extension of pavement and the provision of sidewalk, curb,
gutter, streetlights, underground utilities, fire hydrants,
landscaping shall be required as part of this planned
development project, and subject to review and approval by
the city engineer®
4 ) The proposed development will not be age-restricted®
5) 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 public art fees, shall be paid
at the time of first permit issuance. Development fees
shall be paid on a per unit basis .
6) 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 the owners or homeowners
association of the proposed subdivision®
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7) 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 of the city' s approved engineering
standards that are in effect at the time of plan submittal .
8) 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 Director or
their designee.
9) Major deviations or proposed changes from the original
plans associated with this case will require a major PD
amendment. The Director or their designee shall interpret
the proposed modification to be significant/major if, in
the Director or designee' s opinion, the modified project
density (i .e. , units per acre) is proposed to be increased
by more than 10%, the 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 .
PROJECT SPECIF-TC COND-TTIONS
1) Right-of-Gay Dedication and Relinquishments
a. Prepare and submit legal exhibits and descriptions to
dedicate all required ROW along Roundup Street and
Idaho Road, including the areas that were acquired by
the owner in a "tax sale" by Pinal County.
b. Submit for an extinguishment of the north 17' of
Roundup Street through the public works department .
2) Architectural Maintenance and Standards
a. The architectural design of the apartment buildings
including, but not limited to, paint color, window
treatments, stone application, roof material, etc. ,
shall be properly maintained at all times by the
property owner (s) according to the approved plans in
Case No. P-21-99-PZ.
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b. At such time the three (3) apartment buildings are
individually sold to two or more owners, each building
shall be maintained according to the approved
elevations in Case No. P-22-99-PZ.
c. Any monument sign proposed on the Property shall be
collectively maintained by the property owner (s) of
all three (3) apartment buildings .
3) Landscaping Requirements and Maintenance
a. Trees located along the northern property line of the
development shall be a minimum size of 36" box to
provide privacy screening between the Property and the
Apache Junction Townhomes .
b® The perpetual maintenance of all landscaping and
irrigation improvements shall be the obligation of the
property owners and their successors in interest,
heirs, and assigns . All landscaped areas shall be
properly maintained by the property owner (s) according
to the approved landscape plans in Case No. P-21-99-
PZ.
4) Refuse
Individual refuse containers shall not block any driveways
or parking spaces on the property and shall be properly
maintained according to the Apache Junction City Code,
Volume I, Chapter 9® Health and Sanitation, Article 9-2 :
Refuse, Garbage, Debris, Junk, Trash, and Litter Removal ®
Additionally, the solid waste collection provider/services
shall be procured as required under Apache Junction City
Code, Volume I, Chapter 9: Health and Sanitation, Article
9-5: Collection of Residential Solid Waste.
5) Drainage and Retention Areas
Any maintenance of drainage/retention areas, whether
shared or not, shall be perpetually maintained at all
times by the property owner (s) of all three apartment
buildings ® The maintenance of the drainage/retention
areas within the properties are to include, but not
limited to, the clearing of weeds, debris, trash and
any other deleterious material. At any time it is
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determined by the City that the drainage and retention
areas are not being property maintained, the City
shall have the right, but not the obligation, to cause
such maintenance to be performed after proper notice
is provided to the property owners . If the City elects
to perform such work, it shall bill the property
owner (s) the cost of such work. Failure to pay shall
result in a lien being placed on the property.
6) Shared Amenities
a. A cross access agreement shall be required to allow
the residents of all three parcels to legally access
the shared amenity area located on the western parcel .
This agreement must be submitted prior to the issuance
of building permits .
be This access agreement shall remain in effect if and
when the individual apartment buildings are sold to
three separate individuals ,
7) Indemnification
a . To the fullest extent permitted by law, the Property
Owner (s) , their successors in interest, heirs and
assigns, agree to defend, indemnify and hold harmless
City, its boardmembers and appointed officers, elected
officials, agents, and employees against any and all
liability including but not limited to claims,
demands, fines, penalty costs, damages, losses,
obligations, judgements, liabilities and suits
(including attorney fees and costs and expert fees) ,
which arise from or elicit in any way to any act or
omission by the property owners, their successors in
interest, heirs and assigns, or their employees,
investors, subcontractors, agents or representatives
in implementing all of the above conditions of
approval . This section shall continue to be in force
and shall run with the land regardless of change in
property ownership or management,
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8) The parties understand these conditions shall be recorded
by the City with the Pinal County Recorders Office and
shall serve as legal notice to successors in interest,
heirs and assigns ®
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