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Home My WebLink AboutRES 22-21 RESOLUTION NO. 22-21 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-21-95-PZ AUTHORIZED UNDER ORDINANCE NO. 1525"; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. 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 (l) 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 rezoning by planned development case P-21-95-PZ to change the zoning district classification from General Rural Low Density Single- Family Detached Residential ("RS-GR") to General Commercial by Planned Development ("B-1/PD") and a minor general plan amendment changing the land use designation from Medium Density Residential to Commercial, for the development of a proposed townhome community 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. 22-21 PAGE 1 OF 2 SECTION I IN GENERAL n That certain document entitled the "Legal Descriptions anc-i Zoning Conditions of Case No . P-21-95-PZ Authorized under Ordinance No . 1525" of which at least one paper copy is on file with the city clerk and one electronic copy of which is accessible Oro the city' s website w) , is hereby declared to be a public record, and shall be made available for public use and inspection. SECT70N II REPEALING ANY CONFLICTING PROVISIONS ---------- All resolutions and parts of Yesclutions in conflict with the provisions of this resolution or any part of the codes adopted herein, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this resolution or any part of the codes c:jr regul,ations 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 DAY OF 2022 . SIGNED AND ATTESTED TO THIS DAY OF 2022 . WAI TER CHIP" WI LSO Kay or ATT ICI STI : 11�N i F R P 1 FA ,C t k Y Cler APPROVED AS TO FORM: 7Z- RICHARD JA STAR City Attorney RESOLUTION NO. 22-21 PAGE 2 OF 2 Legal Descriptions and Zoning Conditions of Case No . P-21-95-PZ authorized under Ordinance No . 1525 . A) The mayor and council passed Ordinance No. 1525 on May 17, 2022, which approved the rezoning by planned development case P-21-95-PZ to change the zoning district classification from General Rural Low Density Single-Family Detached Residential ("RS-GR") to General Commercial by Planned Development ("B-1/PD") and approved a minor general plan amendment changing the land use designation from Medium Density Residential to Commercial, for the development of a proposed townhome community tentatively known as "Goldfield Estates, " for the parcels legally described as follows: Parcel 103-23-0230 The Northwest 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; and Parcel 103-23-021A The West half of the Northeast 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; and Parcel 103-23-021B The East half of the Northeast quarter of the Northwest quarter of the Southeast quarter of the Northeast quarter of Section 34, Township I North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; and Parcel 103-23-031B The North half of the Southwest 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; and Parcel 103-23-031A The South half of the Southwest quarter of the Northwest quarter of the Southeast quarter the Northeast quarter of 2 Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; 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 28tb 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 amendment. 3 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 I- 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 . 12) A minor general plan amendment is hereby approved, redesignating the west 7 . 5 gross acres as described in case P-21-95-PZ, from Medium Density Residential to Commercial . 4