HomeMy WebLinkAboutRES 08-40RESOLUTION NO. 08-40
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY
SUBDIVISION PLAT FOR THE "VILLAGIO" TOWNHOMES SUBDIVISION,
IN CASE SD -1-08, BY 16TH AVENUE, LLC, REPRESENTED BY SUSAN
PRICHARD AND MARK SINGER.
WHEREAS, the subdivider in Case SD -1-08 proposes to
subdivide Pinal County Assessor Parcel Number 102-18-002A,
approximately 4 gross acres, into 42 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, all previously approved conditions of approval and
the previous preliminary plat for "Villagio" on the subject
property, pursuant to subdivision case SD -2-06 (Resolution No.
06-16), are hereby rescinded and made null and void by this
current subdivision case SD -1-08 and resolution, although the
development will retain the name, "Villagio"; and
WHEREAS, on December 9, 2008, the Planning and Zoning
Commission held a public hearing regarding the preliminary plat
for Case SD -1-08 and recommended approval of Case SD -1-08 by a
vote of 6-0; and
WHEREAS, on January 20, 2009, the Mayor and City Council of
the City of Apache Junction approved Ordinance No. 1331 which
rezoned the property from CR-4/PD (Multiple -family Residences/
Court Homes by Planned Development) to CR-5/PD (Multiple -family
Residences/Townhomes by Planned Development) and approved the
Planned Development concept plan for "Villagio"; and
WHEREAS, this Council finds this preliminary subdivision
plat to be in compliance with the Apache Junction City Code,
Volume II,Land Development Code,Chapter 1,Zoning Ordinance
and Chapter 2,Subdivision Regulations,and Ordinance No. 1331,
which approved the concept plan for the property; and
WHEREAS, the property is legally described as follows:
RESOLUTION NO. 08-40
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The North 660 feet of the Southwest quarter of Section
30, Township 1 North, Range 8 East of the Gila and
Salt River Base and Meridian, Pinal County, Arizona;
Except the West 1980 feet and the East 330 feet
thereof; and
Except any portion lying within the following
described parcel:
Commencing at the Center of said Section 30, being
marked with a cotton picker spindle (1/2 inch diameter
rebar recorded) and from which point the West 141 corner
(being marked with a brass cap in a hand hole) bears
South 89 Degrees 54 Minutes 22 Seconds West, 2631.20
feet distant therefrom;
Thence South 89 Degrees 54 Minutes 22 Seconds West,
651.19 feet (South 89 Degrees 55 Minutes 40 Seconds
West, 651.13 feet recorded), along the North line of
the Southwest quarter of said Section 30 to a point on
the East line of the West 1980 feet of said Southwest
quarter;
Thence South 00 Degrees 00 Minutes 40 Seconds West,
460.00 feet (South 00 Degrees 01 Minutes 47 Seconds
West recorded), along said East line to the Point of
Beginning;
Thence North 89 Degrees 59 Minutes 51 Seconds East,
113.95 feet (South 89 Degrees 58 Minutes 51 Seconds
East, 113.93 feet recorded), to a point on a non-
tangent curve concave Northeasterly, the radius point
of which bears North 78 Degrees 09 Minutes 26 Seconds
East (78 Degrees 10 Minutes 44 Seconds recorded),
50.00 feet;
Thence along a curve to the left having a central
angle of 98 Degrees 40 Minutes 26 Seconds, a radius of
50.00 feet and an arc length of 86.11 feet;
RESOLUTION NO. 08-40
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Thence South 20 Degrees 31 Minutes 00 Seconds East,
174.09 feet (South 20 Degrees 29 Minutes 42 Seconds
East, 174.00 feet recorded), to a point on the South
line of the North 660 feet of said Southwest quarter;
Thence South 89 Degrees 54 Minutes 22 Seconds West,
241.47 feet (South 89 Degrees 55 Minutes 33 Seconds
West, 241.14 feet recorded), along said South line to
a point on the East line of the West 1980 feet of said
Southwest quarter;
Thence North 00 Degrees 00 Minutes 40 Seconds East,
200.00 feet (North 00 Degrees 01 Minutes 47 Seconds
East, 199.93 feet recorded), along said East line to
the Point of Beginning.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City
Council of the City of Apache Junction, Arizona, that:
The preliminary subdivision plat for "Villagio" Townhomes
Subdivision, Case SD -1-08, is approved subject to the following
conditions:
1) All conditions of approval for the CR-5/PD zoned property
as approved pursuant to rezoning case PZ-5-08 shall govern
the design and subsequent improvements for the Final
Subdivision Plat.
2) Within one year of Preliminary Subdivision Plat approval,
the developers shall submit for formal review, the Final
Subdivision Plat and improvement plans for the proposed
subdivision.
3) Street improvements along 16th Avenue, including but not
limited to, the extension of pavement and the provision of
sidewalks, curbs, gutters and streetlights shall be
designed and constructed according to the City of Apache
Junction Engineering Guidelines.
4) South Desert View Place shall be shown on the Final Plat as
a private street, owned and maintained by the Homeowners
Association for Villagio.Said street shall relinquish and
RESOLUTION NO. 08-40
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replace the 28 -foot wide private access way created
pursuant to Resolution No. 05-11 for the benefit and
enjoyment of the existing residents on parcel 102-18-0023.
5) The existing residents of parcel 102-18-0023, adjacent to
and at the southwest corner area of the site shall be
allowed unrestricted ingress and egress to their property
during construction.Said residents shall also have the
right to use the private street for perpetual ingress,
egress and utility purposes subsequent to its construction,
including access thereto through any gates for Villagio.
6) Street -side landscaping, a buffer wall and an access
driveway cut shall be provided in the private street
adjacent to and to the north of parcel 102-18-002B.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 20TH DAY OF
JIMMY , 2009.
SIGNED AND ATTESTED TO THIS 20TH DAY OF JANUARY
2009.
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
/ -027 09
RICHARD J. STERN
City Attorney
RESOLUTION NO. 08-40
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S. INSALACO