HomeMy WebLinkAboutORD1046ORDINANCE NO.1046
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT MAJOR
AMENDMENT,CASE PZ-98-15,FOR A 40 -ACRE,CR-5/PD (CONVENTIONAL
SINGLE AND/OR MULTI -FAMILY HOMES BY PLANNED DEVELOPMENT) -ZONED
PROPERTY,LOCATED AT THE SOUTHWEST CORNER OF THE SUPERSTITION
FREEWAY/US60 AND SOUTH CORTEZ ROAD,BY AMENDING ORDINANCE NO.992,
STIPULATION NUMBER THREE;REPEALING ANY CONFLICTING PROVISIONS;
AND PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THAT:
SECTION I IN GENERAL
That Ordinance No.992,Stipulation No.3,be rewritten and amended for the
purpose of approving a preliminary Planned Development concept plan
specifically for the proposed "Arizona Goldfield Subdivision"by Kaufman and
Broad Homes of Arizona,Incorporated.The preliminary Planned Development
concept plan,as described herein and in case file PZ-98-15,proposes a
cluster homes neighborhood concept for +/-296 detached multi -family units with
centralized open space/common areas including recreational amenities,and
requests to establish certain deviations from standard CR-5 zoning
requirements,mainly pertaining to setbacks and lot sizes,for the property
legally described as:
The Northeast quarter of the Southwest quarter of
Section 34,Township 1 North,Range 8 East of the Gila
and Salt River Base and Meridian,Apache Junction,
Pinal County,Arizona;AND THAT
herewith,Ordinance No.992,Stipulation No.3,be rewritten and amended with
the addition of the following stipulations:
3)The CR-5/PD-zoned,north 40 acres of the property,shall be developed
subject to the following additional stipulations:
a)The final Planned Development plan shall conform substantially
with the submitted and approved preliminary Planned Development
concept plan,including but not necessarily limited to such items
as setbacks,lot and street layout,open space layout,recreation
ORDINANCE NO.1046
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amenities,landscape concept,housing materials and diversity of
models.
b)The final Planned Development plan shall meet or exceed the
minimum Homeowners Association Maintained Open Space Standards in
effect at the time of final approval for open space,required
usable open space and play stations,to be determined by the
city's Parks and Recreation Department.
c)The final Planned Development plan shall comply with the
provisions as set forth in the Apache Junction City Code,Volume
II,Land Development Code,Chapter 1,Zoning Ordinance,Article 19
Planned Development Regulations,pertaining to the minimum
requirements for open space relative to density.
d)The property owners shall dedicate and improve to the City
Engineer's standards any necessary rights -of -way,including but
not necessarily limited to,the east 40 feet for S.Cortez Road
and any necessary cut-off corners.Said improvements shall
include the provision of curbs,gutters,sidewalks,driveways,
streetlights,pavement widening,retention basins,and other
reasonable improvements required by the City Engineer.
e)The property shall be developed within 24 months of rezoning
approval or else the zoning may be subject to reversion to its
former classification by City Council legislative action pursuant
to Arizona Revised Statutes Annotated (A.R.S.)Section 9-462.01.
f)Any use or development of said property may be conditioned upon
the provision of public improvements,a decorative masonry
perimeter wall,and landscaping in accordance with the provisions
of the Apache Junction City Code,Volume II,Land Development
Code,Chapter 1,Zoning Ordinance,Article 19 Planned Development
Regulations.The provisions of the Uniform Building Code,as
adopted and amended by the City,and all other City codes,
policies,guides and standards shall apply and control all design
and construction of improvements.
9)All construction shall be done in compliance with all applicable
codes and ordinances,as adopted in the Apache Junction City Code,
Volume II,Land Development Code,including but not limited to,the
Zoning Ordinance,the Uniform Building Code,Engineering
Guidelines and the Uniform Fire Code (including but not limited
to,the provision of fire apparatus access roads,the marking of
fire lanes and the provision of adequate water supplies,sprinkler
systems and fire hydrants).
h)All standard setbacks for swimming pools shall be required,as
adopted in the Apache Junction City Code,Volume II,Land
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Development Code,Chapter 1,Zoning Ordinance,Article 6 General
Provisions,Section 6.0128.
i)The developer shall construct as part of the recreational amenity
package for the common areas,a 25'x 50'neighborhood swimming
pool and pool house.Said construction is to be coordinated and
included within a schedule for development and/or phasing,prior
to final Planned Development and plat approval.
SECTION I I 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 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 2ND DAY OF FEBRUARY ,1999.
SIGNED AND ATTESTED TO THIS 8TH DAY OF FEBRUARY u 1999.
DOUGLAS ODLEMAN
Mayor
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
..cvOirr"
RICHARD JOEL STERN
City Attorney
ORDINANCE NO.1046
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