HomeMy WebLinkAboutRES 13-31RESOLUTION NO. 13-31
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY
SUBDIVISION PLAT FOR THE "BEL AGAVE" SUBDIVISION, IN CASE
SD -2-13, BY ACER HOMES L.L.C. AND PARPAC RETIREMENT PLAN,
ET AL., REPRESENTED BY ROBB TYLER.
WHEREAS, the subdivider in Case SD -2-13 proposes to
subdivide Pinal County Assessor Parcel Numbers 103-20-005, 103-
20-006, 103-20-015 and 103-20-017, approximately 20 gross acres
(collectively, the "property"), into 120 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 1-15-6,CR-3 Single -Family
Residence Zone,Article 1-19,Planned Development Zoning
District,and Chapter 2,Subdivision Regulations;and
WHEREAS, parcel number 103-20-015 was previously rezoned
and platted in 2006 for a subdivision to be called Vista
Meadows, pursuant to Ordinance No. 1256 and Resolution No. 06-
42, but the final plat was never recorded and the subdivision
was never built; and
WHEREAS, approval of this resolution effectively rescinds
the final subdivision plat for Vista Meadows, formerly approved
by Resolution No. 06-42 and allows for said property to be
redesigned and integrated into the subdivision plat for the
proposed Bel Agave Subdivision; and
WHEREAS, on June 25, 2013, the Planning and Zoning Commis-
sion held a public hearing regarding the preliminary plat for
Case SD -2-13 and recommended approval of Case SD -2-13 by a vote
of 3-1, with conditions; and
WHEREAS, on August 6, 2013, the Mayor and City Council of
the City of Apache Junction approved Ordinance No. 1393, which
approved a new rezoning and Planned Development Plan for the
Conventional Single-family Homes by Planned Development ("CR-
3/PD") zoned property; and
WHEREAS, the Council finds this preliminary subdivision
plat to be in compliance with the Apache Junction City Code,
RESOLUTION NO. 13-31
PAGE 1 OF 4
Volume II,Land Development Code,Chapter 1,Zoning Ordinance
and Chapter 2,Subdivision Regulations,and Ordinance No. 1393,
which approved the rezoning and the Planned Development concept
plan for the property; and
WHEREAS, the property proposed to be developed with the Bel
Agave Subdivision is legally described as follows:
Parcel No. 1:The North half of the Southwest quarter of
the Northwest quarter of the Southwest quarter of Section
27, Township 1 North, Range 8 East of the Gila and Salt
River Base and Meridian, Pinal County, Arizona (Parcel No.
103-20-017); and
Parcel No. 2:The East half of the Northwest quarter of
the Northwest quarter of the Southwest quarter of Section
27, Township 1 North, Range 8 East of the Gila and Salt
River Base and Meridian, Pinal County, Arizona (Parcel No.
103-20-005); and
Parcel No. 3:The West half of the Northwest quarter of
the Northwest quarter of the Southwest quarter of Section
27, Township 1 North, Range 8 East of the Gila and Salt
River Base and Meridian, Pinal County, Arizona (Parcel No.
103-20-006); and
• Parcel No. 4:The North half of the Southeast quarter of
the Northwest quarter of the Southwest quarter of Section
27, Township 1 North, Range 8 East of the Gila and Salt
River Base and Meridian, Pinal County, Arizona (Parcel No.
103-20-015).
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City
Council of the City of Apache Junction, Arizona, that:
The preliminary subdivision plat for "Bel Agave" Subdivision,
Case SD -2-13, is approved subject to the following conditions:
1)All conditions of approval for the CR-3/PD-zoned property
as approved pursuant to planned development rezoning case
PZ-3-13 shall govern the design and subsequent improvements
of the Final Subdivision Plat.
RESOLUTION NO. 13-31
PAGE 2 OF 4
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 S.Tomahawk and S. Wickiup Roads,
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.Additional off -site improvements
along the property's East 18th and East 19th Avenue frontages
shall also be provided subject to the City Engineer's
determination at the time of final subdivision plat and
improvement plans submittal.
4) The Conditions, Covenants and Restrictions ("CCRs") for Bel
Agave shall also include provisions to address the
following: prohibition on owners using garages for personal
storage to the extent that two normal passenger vehicles
cannot be accommodated in them at all times; establishing a
uniform system for garbage pick-up and mail -delivery;
specifying that the home owners association ("HOA") is
responsible for the maintenance and upkeep of the internal
private streets, the common areas and the fencing and
landscape improvements both internal and along the outside
perimeter of the subdivision; and a prohibition on the use
of fireworks in the subdivision.
5) The property owners shall disclose to all prospective
buyers, prior to sale, that there are neighboring horse
properties in the immediate area.
6) The developer shall work with and coordinate separately
with all known utility companies which serve Apache
Junction, to extinguish the 33' and 66' wide utility
easements/federal patented easements which conflict with
the design of the proposed subdivision, prior to or upon
final plat approval.The City shall extinguish its rights
to said easements for roadway purposes upon approval of the
final subdivision plat or by separate instrument.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 6TH DAY OF A!!CUT , 2013.
RESOLUTION NO. 13-31
PAGE 3 OF 4
SIGNED AND ATTESTED TO THIS 6TH
2013.
ATTEST:
7 i 4 i l e t t 4-1-41Z 4
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
cO 729 )3
RICHARD J. STERN
City Attorney
RESOLUTION NO. 13-31
PAGE 4 OF 4
DAY OF