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Home My WebLink AboutRES 22-20 RESOLUTION NO. 22-20 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "LEGAL DESCRIPTIONS AND ZONING CONDITIONS OF CASE NO. P--21-94-PZ AUTHORIZED UNDER ORDINANCE NO. 1524 FOR THE PLANNED DEVELOPMENT MAJOR AMENDMENT OF ORDINANCE NO. 1132"; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. ti WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R.S . ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text, and one paper copy is filed with the city clerk and an electronic copy is accessible on the city' s website, with both made available for public use and inspection; and WHEREAS, pursuant to A.R.S. §§ 9-801 (1) and 9-802, such codes include zoning conditions approved in zoning case amendments; and WHEREAS, city staff has identified such provisions herein, and it is the intent of the city to declare such documents and compilations as public records, on file in the office of the city clerk; and WHEREAS, the documents include the legal descriptions for the parcels and conditions of approval for the planned development major amendment request to amend Ordinance No. 1132 to modify the conceptual plan previously approved in Case PZ-03-00 and establish a new planned development plan for a townhome subdivision tentatively known as "Goldfield Estates, and which case was presented to the planning and zoning commission on April 26, 2022 and forwarded with a vote of 7.0 for approval to council at its May 17, 2022 public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: RESOLUTION NO. 22-20 PAGE 1 OF 2 SECTION I IN GENERAL k That certain document entitled the "Legal Descriptions and Zoning Conditions of Case No. P-21-94-PZ Authorized under Ordinance No. 1524 for the Planned Developmnerft Major Amendment of Ordinance No. 1132" of which at least one paper copy is on file with the city clerk and one electronic copy of which is accessible on the city' s website . �; v -) , is hereby dE lared to be a public record, and shall be made available for public use and inspection . SECTION :I REPEALING ANY CONFLICTING PROVISIONS ---------- All resolutions and parts of resolutions in conflict with the provisions of this resolution or any part of the codes adopted herein, are hereby repealed. SECTION 1II PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion Cif this resolution or ariy part of the codes or regulations adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof , PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS _J7 DAY OF 2022 - r1i Is, SIGNED AND ATTESTED TO 7 DAY OF 2022 . NAITE' 'CHIP" WILSON Mayor ATTEST : 'S, o) J City Clerk APPROVED AS TO FORM: CH AS D J OEL STERN City Attorney RESOLUTION NO. 22-20 PAGE 2 OF 2 Legal Descriptions and Zoning Conditions of Case No . P-21-94-PZ Authorized under ordinance No . 1524 for the Planned Development Major Amendment of Ordinance No . 1132 . A) The mayor and council passed Ordinance No. 1524 on May 17, 2022, which approved the planned development major amendment to amend Ordinance No. 1132 to modify the conceptual plan previously approved in Case PZ-03-00 and establish a new planned development plan for a townhome subdivision tentatively known as "Goldfield Estates, " and legally described as follows: Parcel 103-23-0200 The Northwest quarter of the Northeast quarter of the Southeast quarter of the Northeast quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; and Parcel 103-23-032A The Southeast quarter of the Northwest quarter of the Southeast quarter of the Northeast quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Except that portion thereof which lies Southeasterly of the following described line: Beginning at the Northeast corner of said Section 34; Thence South 00 degrees 03 minutes 52 seconds East along the East line thereof, a distance of 1486.89 feet; Thence South 63 degrees 23 minutes 33 seconds West, a distance of 1108. 18 feet to the point of ending at the Southwest corner of the Southeast quarter of the Northwest quarter of said Section 34; and Parcel 103-23-033A The Southwest quarter of the Northeast quarter of the Southeast quarter of the Northeast quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Except that portion which lies Southeasterly of the following described line: Beginning at the Northeast corner of said Section 34; Thence South 00 degrees 03 minutes 52 seconds East along the East line thereof, a distance of 1486. 89 feet; 2 Thence South 63 degrees 23 minutes 33 seconds West, a distance of 1000 feet to the point of ending; B) The approval is subject to the following zoning conditions : 1) The project shall be developed in accordance with the plans and elevations associated to case P-21-94-PZ and all the provisions of the Zoning Ordinance applicable to this case. 2) Landscape, screening and irrigation improvements, planted within a minimum 10-foot deep strip inside the net property line along the west, north, and south street-facing perimeters of the property, shall be provided in compliance with the city' s landscape and screening requirements contained in Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-8, Landscape Regulations . All required trees shall be at least 24" box and all required shrubs shall be at least 5-gallon in size. 3) The proposed development will not be age-restricted. 4) Street improvements include but not necessarily limited to, extension of pavement and the provision of sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, landscaping shall be required as part of this planned development project, and subject to review and approval by the City Engineer. 5) The following right-of-way dedications shall be made: a) A 20 foot by 20 foot triangular corner cut-off visibility triangle shall be dedicated as public right-of-way at the intersections of Starr Road and 28th Avenue. b) 30 feet of right-of-way shall be dedicated on the south side of 28th Avenue. c) 30 feet of right-of-way shall be dedicated on the east side of Starr Road. 6) All common areas and amenity areas within and immediately adjacent to the proposed development, including perimeter walls and fences, and interior and exterior common area landscaping, shall be maintained in good condition at all times and in perpetuity by the homeowners association. 7) Any major deviation or proposed changes from the original plans associated with this case will require a major PD 3 amendment. 8) To ensure a high architectural standard that enhances the neighborhood, the proposed buildings shall meet Apache Junction's Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1- 13 : Design Standards . The development must undergo a site plan and design review in order to receive design approval prior to construction permit approval . Final elevations shall resemble the elevations approved by the Planning and Zoning Commission and City Council in P-21-94-PZ but further architectural treatment may be required. 9) All applicable permits shall be applied for and plans shall be designed to current City codes prior to any lot grading or construction on the lots . Inclusively, all applicable development fees shall be paid at the time of permit issuance for each row grouping of townhomes. 10) The developer's engineer shall meet the civil engineering improvement plans and document requirements in accordance of the city' s approved engineering standards that are in effect at the time of plan submittal . 11) Other than the portion to be dedicated to the city as right-of way, all Federally Patented Easements located within the development site shall be extinguished through both the city and the utility companies' extinguishment procedures . No construction can be permitted within active easements. 9