HomeMy WebLinkAboutRES 22-42 RESOLUTION NO. 22-42
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY
SUBDIVISION PLAT FOR THE "OLD WEST HIGHWAY VILLAGE"
SUBDIVISION, IN CASE P-21-98-SD, REQUESTED BY GALILEO
CAPITAL PARTNERS, REPRESENTED BY GREG LOPER.
WHEREAS, the subdivider in Case P-21-98-SD proposes to
subdivide Pinal County Assessor parcel numbers 102-03-3030 and
102-02-0050, approximately 7 . 7 net acres, located south of Old
West Highway, between South Royal Palm Road and South Tomahawk
Road, (collectively, the "subject property") , into approximately
one-hundred-six (106) residential lots for a single-family homes
subdivision to be called "Old West Highway Village, " pursuant to
Arizona Revised Statutes ("ARS") Title 9, Chapter 4, Article 6 .2,
and pursuant to the Apache Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning
Bulk and Use Regulations, Section 1-5-1, Residential Use
Regulations and Article 1-4 : Zoning Districts, Section 1-4-3,
Planned Development ("PD") Overlay District, and Chapter 2 :
Subdivision Regulations; and
WHEREAS, on September 27, 2022, the planning and zoning
commission held a public hearing regarding the preliminary plat
for case P-21-98-SD and recommended approval by a vote of 6-0,
subject to conditions; and
WHEREAS, the 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 the conditions of approval
adopted in Ordinance No. 1501 in rezoning case PZ-1-20; and
WHEREAS, the property proposed to be platted is legally
described as follows :
All that part of the East half of the Northwest quarter of
the Northeast quarter AND all that part of the Northeast
quarter of the Northeast quarter of Section 28, Township 1
North, Range 8 East of the Gila River Base and Meridian,
Pinal County Arizona, lying South of the U. S. Highway 60,
70, 80 and 89;
RESOLUTION NO. 22-42
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Also known as parcels 102-03-3030, and 102-02-0050, located
in the Northeast quarter Section 28, Township 1 North,
Range 8 East, of the Gila and Salt River Base and Meridian,
Apache Junction, Pinal County, Arizona;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of Apache Junction, Arizona, that:
The preliminary subdivision plat for Old West Highway, case
P-21-98-SD, is approved subject to the following conditions :
1) The project shall be developed in accordance with and in
compliance to the plans attached and associated to this
case and the planned development rezoning case PZ-1-20 and
all the provisions of the Zoning Ordinance applicable to
this case.
2) All conditions of approval of Ordinance No. 1501 as
approved pursuant to the planned development major rezoning
case PZ-1-20 and the zoning standards of this RM-1/PD-zoned
property shall govern the design and subsequent
improvements of the Final Subdivision Plat.
3) Within one year of Preliminary Subdivision Plat approval,
the developer shall submit for formal review, the Final
Subdivision Plat and improvement plans for the proposed
subdivision. Said final plat and improvement plans shall
reflect substantial compliance with the preliminary plat
insofar as general layout, number of lots, location of
natural and man-made amenity features and areas, and
internal and external streets and connectivity.
4) The homeowners association through the Conditions,
Covenants and Restrictions (CC&Rs) for Old West Highway
Village shall also include provisions to address and
specify that the homeowners association is perpetually
responsible for the maintenance and upkeep of all common
areas and facilities, drainage and retention areas, fencing
and landscape improvements, both internal and along the
outside perimeter of the subdivision.
If the homeowners association has become defunct or
dissolved in violation of the CC&Rs, the landscaping,
RESOLUTION NO. 22-42
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drainage/retention areas, and amenities shall be
perpetually maintained at all times by joint responsibility
of the property owners of all one-hundred-six (106) lots .
If at any time it is reasonably determined by the City that
the landscaping, drainage/retention areas, or amenity areas
are not being property maintained, the City shall have the
right, but not the obligation, to cause such maintenance to
be performed after proper notice is provided to the
property owners . If the City elects to perform such work,
it shall bill the property owners the cost of such work.
Failure to pay shall result in a lien being placed on the
property.
5) The developer shall work with and coordinate separately
with all known utility companies which serve Apache
Junction, to provide necessary services to the site and to
relinquish and/or relocate any utility easements as needed,
prior to or upon final plat approval .
6) 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.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 1ST DAY OF NOVEMBER, 2022 .
SIGNED AND ATTESTED TO THIS ! DAY OFF ,
2022 .
WALTER CHIP" WILSON
Mayor
ATT ST:
EN IFER PENA
C y Clerk
APPROVED AS TO FORM:
to-2,�:22
RICHARD J. STERN
City Attorney
RESOLUTION NO. 22-42
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