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HomeMy WebLinkAboutRES 13-13RESOLUTION NO. 13-13 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE VACATION OF THE FINAL SUBDIVISION PLAT FOR "IDAHO CREEK VILLAS - PHASE 3", IN CASE SD -1-13, BY PATHFINDER TRF SIX LLC AND ADAMS CONSTRUCTION AND MANAGEMENT COMPANY, REPRESENTED BY BEUS GILBERT PLLC. WHEREAS, the applicants in case SD -1-13 propose to vacate and dissolve the final subdivision plat (approved by Resolution No. 05-07; recorded in Cabinet G, Slide 59, Pinal County Records) for the property presently known as "Idaho Creek Villas - Phase 3", so that they may recombine the property into a single parcel for the purpose of constructing a different development to be called "Apache Junction Villas"; also proposing to increase the number of housing units from 47 two- story townhome units into 26 one-story duplex rental units (52 units total), 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 in accordance with Chapter 2,Subdivision Regulations;and, WHEREAS, the property is presently legally described as: Lots 1 through 47, inclusive, and Tracts A and B, of Idaho Creek Villas - Phase 3, according to the plat recorded in Cabinet G, Slide 59, records of Pinal County, Arizona; and WHEREAS, on April 16, 2013, the Mayor and City Council of the City of Apache Junction approved planned development major amendment case PZ-2-13, Ordinance No. 1389, to change the plan of development for the 3.99 net acres, CR-S/PD (Multi -family Residences/Townhomes by Planned Development) -zoned property upon a recommendation for approval with conditions from the Planning and Zoning Commission; and WHEREAS, also on April 16, 2013, the City Council held a public hearing regarding the vacation of the final subdivision plat of "Idaho Creek Villas - Phase 3", case SD -1-13, which was also recommended for vacation by the Planning and Zoning Commission, with conditions; and RESOLUTION NO. 13-13 PAGE 1 OF 3 WHEREAS, this City Council now finds that the final subdiv- ision plat for "Idaho Creek Villas - Phase 3" (approved by Resolution No. 05-07; recorded in Cabinet G, Slide 59, Pinal County Records) is not desirable or conducive to the timely development of the property, and instead desires to vacate and dissolve said final plat to make opportunity for a new multi- family rental unit development to be called "Apache Junction Villas", in substantial compliance with 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,Chapter 2,Subdivision Regulations,and Ordinance No. 1389 which approved the planned development major amendment for the property. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that: The final subdivision plat for "Idaho Creek Villas - Phase 3" is hereby vacated and dissolved, subject to the following conditions: 1)All conditions of approval for the CR-S/PD zoned property as approved pursuant to Planned Development Major Amendment case PZ-2-13 shall govern the design and subsequent improvements for "Apache Junction Villas". 2) The property owners shall draft and record a survey map which dissolves the former 47 -unit "Idaho Creek Villas - Phase 3" subdivision plat map, by erasing all former individual property lines and redescribing the property as a single unsubdivided lot, prior to any new development on the property. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 16TH DAY OF APRIL., 2013. SIGNED AND ATTESTED TO THIS 2013. RESOLUTION NO. 13-13 PAGE 2 OF 3 16TH DAY OF APRIL HN INSALKCO Mayor ATTEST: A Z-t 2f-&--14 KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: ‹Af,4-49V3 RICHARD J. STERN City Attorney RESOLUTION NO. 13-13 PAGE 3 of 3