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HomeMy WebLinkAboutRES 12-31RESOLUTION NO. 12-31 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A NEW PRELIMINARY SUBDIVISION PLAT FOR THE "VILLAGIO" SUBDIVISION, IN CASE SD -1-12, BY VILLAGIO ESTATES, LLC, REPRESENTED BY HUDD HAS SELL. WHEREAS, the subdivider in Case SD -1-12 proposes to subdivide Pinal County Assessor Parcel Number 102-18-002A, approximately 4 gross acres, into 37 residential lots for single-family homes, 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 1-15-9,CR-5 Multiple- Family Residence Zone,Article 1-19 Planned Development Zoning District, and Chapter 2,Subdivision Regulations;and WHEREAS, all previously approved Preliminary subdivision plats and conditions of approval for "Villagio" on the subject property, pursuant to subdivision case SD -2-06 (Resolution No. 06-16, approved on May 16, 2006), and subdivision case SD -1-08 (Resolution No. 08-40, approved on January 20, 2009), are hereby made null and void by this current preliminary subdivision plat case SD -2-12, except that the property will retain the name, "Villagio"; and WHEREAS, on July 24, 2012, the Planning and Zoning Commission held a public hearing regarding the preliminary plat for Case SD -1-12 and recommended approval of Case SD -1-12 by a vote of 4-1; and WHEREAS, on October 2, 2012, the Mayor and City Council of the City of Apache Junction approved Ordinance No. 1385 which approved a new Planned Development plan for the CR-S/PD (Multiple -family Residences by Planned Development) -zoned property and allowed the construction of single family homes as a conditional use in the CR-5 base zone; 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. 1385, which approved the concept plan for the property; and RESOLUTION NO. 12-31 PAGE 1 OF 5 WHEREAS, the property is legally described as follows: 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 ',1 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. 12-31 PAGE 2 OF 5 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" Subdivision, Case SD -1-12, is approved subject to the following conditions: 1)All conditions of approval for the CR-5/PD-zoned property as approved pursuant to planned development major amendment case PZ-2-12 shall govern the design and subsequent improvements of 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, streetlights, fire hydrants, landscaping, etc., shall be designed and constructed according to the City of Apache Junction Engineering Guidelines.Possible additional off -site street improvements along 16th avenue shall be negotiated separately through a development agreement. 4) The Conditions, Covenants and Restrictions for "Villagio" shall also include provisions to address the following: RESOLUTION NO. 12-31 PAGE 3 OF 5 prohibitions on owners using garages for personal storage to the extent that two normal passenger vehicles cannot be accommodated in them at all times; prohibiting the parking of personal or guest vehicles in the grasspave driveways; establishing a uniform system for garbage pick-up and mail- delivery; and establishing clear rules for the "use and benefit" easements. 5) 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 replace the 28 -foot wide private access way created pursuant to Resolution No. 05-11 for the benefit and enjoyment of the existing residents and guests of parcel 102-18-002B. 6) The residents and guests of parcel 102-18-002B, 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". 7) 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 2ND DAY OF OCTOBER , 2012. SIGNED AND ATTESTED TO THIS 2ND DAY OF OCTOBER 2012.ffat, ,67 OHN S. INSALACO Mayor ATTEST: Osi:61A/e6-pc._,6 c 4 4KATHLEEN CONNELLY 1 City Clerk RESOLUTION NO. 12-31 PAGE 4 OF 5 APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 12-31 PAGE 5 OF 5