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HomeMy WebLinkAboutRES 06-55RESOLUTION NO. 06-55 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY SUBDIVISION PLAT FOR THE "ROYAL PALMS" TOWNHOMES SUBDIVISION, IN CASE SD -3-06, BY CINCO VIEJOS, LLC, REPRESENTED BY JAN MITTLESTAEDT. WHEREAS, the sub -divider in Case SD -3-06 proposes to subdivide Pinal County Assessor Parcel Number 101-18-014C, approximately 2.5 gross acres, into 25 residential lots for townhomes, pursuant to Arizona Revised Statutes ("A.R.S.") Title 9, Chapter 4, Article 6.2, and pursuant to the Apache Junction City Code,Volume II,Land Development Code, Chapter 1,Zoning Ordinance,Section 15.0600,CR-5 Multiple -Family Residence Zone,Article 19 Planned Development Zoning District, and Chapter 2,Subdivision Regulations;and, WHEREAS, the property is legally described as follows: The Southwest quarter of the Southwest quarter of the Northwest quarter of the Northeast quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; and WHEREAS, on July 18, 2006, the Mayor and City Council of the City of Apache Junction approved Ordinance No. 1272 for rezoning Case PZ-5-06, to change the zoning district classification for the property from CR-5 (Multiple -family. Residence Zone) to CR-5/PD (Multiple -family Residence Zone/Townhomes by Planned Development) by unanimous vote; and WHEREAS, on November 28, 2006, the Planning and Zoning Commission held a public hearing regarding the preliminary plat for Case SD -3-06 and recommended approval by a vote of 6 to 0; and WHEREAS, this City Council finds this preliminary subdivision plat to be in compliance with the Apache Junction City Code,Volume II,Land Development Code, RESOLUTION NO. 06-55 PAGE 1 OF 3 Chapter 1,Zoning Ordinance,Section 15.0600, CR-5/PD, Chapter 2,Subdivision Regulations,and Ordinance No. 1272, which approved the planned development concept plan for the property. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that: The preliminary subdivision plat for Royal Palms Townhomes Subdivision, Case SD -3-06, is approved subject to the following conditions: 1)All CR-5/PD zoning requirements and other conditions as prescribed by Ordinance #1272 shall be observed during the construction of the subdivision and the lots therein. 2) The final elevations for the townhomes shall comply with the architectural styles, colors and motifs as described in the City's Design Guidelines and as conceptualized in the Planned Development rezoning Case PZ-5-06. 3)All applicable development fees shall be paid at the time of permits issuance. 4) The developers shall complete the street improvements prior to home construction or shall otherwise provide for water supply and all weather access for fire apparatus, subject to the approval of the Fire Marshall. 5) The subdivision's Conditions, Covenants and Restrictions ("CC&R") shall prohibit the tenant and guest parking spaces from being used for anything other than the parking of operable vehicles.Boats, quads, campers and other types of recreational vehicles shall not be parked on -site. 6)A Home Owner's Association ("HOA") shall be formed to provide for perpetual maintenance of all common area and other area improvements of the development, including but not limited to, all landscaping, RESOLUTION NO. 06-55 ' PAGE 2 OF 3 internal street, perimeter walls, play and open space areas, and other areas important and relative to the appearance, quality and livability of the development. 7) The development shall provide the common area amenities as proposed under the planned development plan. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 5TH DAY OF DECEMBER ,2006. SIGNED AND ATTESTED TO THIS 25TH DAY OF AUGUST ,2000X 2008. DOUGLAS FOLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 121:06 RICHARD J. STERN City Attorney RESOLUTION NO. 06-55 PAGE 3 of 3