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HomeMy WebLinkAboutRES 22-33 I RESOLUTION NO® 22-33 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-22-29-PZ AUTHORIZED UNDER ORDINANCE NO® 15 2 6"; 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 (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 rezoning approved in Case P-22-29-PZ, which case was presented to the planning and zoning commission on August 9, 2022 and forwarded with a vote of 5 : 1 for a recommendation of approval to council at its September 20, 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. 22-33 PAGE 1 OF 2 SECTION I IN GENERAL 1. That certain document entitled the "Legal Descriptions and Zoning Conditions of Case No® P-22-29-PZ Authorized under Ordinance No. 1526" 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 (Www ion�Fiz . ,'-p,,�)v) is hereby declared to be a public record, and shall be made available for public use and inspection. SECTION II 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of resolutions in conflict with the provisions of this resolution or any part of the codes adopted herein, are hereby repealed.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 III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this resolution or any 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 DAY OF ' -- 1 2022 . sozfflba- SIGNED AND ATTESTED TO THIS DAY OF 2022 . t 4/ WAL TER PCHIP" WILSON Mayor ATTEST: -7 !�E NIFER NA C ity t v C I Cler APPROVED AS TO FORM: 2- RICHARD JOEL STERN City Attorney RESOLUTION NO® 22-33 PAGE 2 OF 2 Legal e ri .ions and Zoning Conditions of Case ® ® -22- Authorized under Ordinance No . 1526 1 A) The mayor and council passed Ordinance No® 1526 presented in Case P-22-29-PZ on September 20, 2022, which approves the rezoning of parcels 101-13-1080 and 101-11-0210 from RS-GR "General Rural Low Density Single-Family Detached Residential" to RM-2 "High Density Multiple-Family Residential" and B-2 "Old West Commercial . " The portions of the property rezoned are legally defined as follows: 1 ® The southern 76' of Parcel 101-13-1080 , which is rezoned to B-2 "Old West Commercial, " is legally described as ® That portion of the North Half of Section 20, Township 1 North, Range 8 East, of the Gila and Salt River Base and Meridian, Pinal County, Arizona, described as follows, Commencing at the North quarter corner of said Section 20; Thence South 00'0351" West (Basis of Bearings) , along the North-South mid-section line of said Section 20, a distance of 1040 . 00 Feet to the Southeast corner of the Beaty Subdivision, according to Book 9 of Maps, Page 40; Thence continuing along said North-South mid-section line South 00'03151" West, a distance of 868 . 53 Feet to a point, said point being the Point of Beginning, Thence continuing along said North-South mid-section line South 00'03 ' 51" West, a distance of 76. 00 Feet; Thence North 89'56 ' 00" West, a distance of 310 . 25 Feet to the Easterly Right-Of-Way Line of Rennick Drive, according to said Beaty Subdivision; Thence North 00003151" East, along said Right-Of-Way line, a distance of 76. 00 Feet; Thence South 89056' 00" East, a distance of 310 . 25 Feet to the Point of Beginning. 2 ® The remainder of Parcel 101-13-1080 and Parcel 101-11- 0210, which are rezoned to RM-2 "High Density Multiple- Family Residential, " are legally defined as follows ® 2 Remainder of Parcel 101-13-1080 That portion of the North half of Section 20, Township 1 North, Range 8 East, of the Gila and Salt River Base and Meridian, Pinal County, Arizona, described as follows : Commencing at the North quarter corner of said Section 20; Thence South 00003 ' 51" West (Basis of Bearings) , along the North-South mid-section line of said Section 20, a distance of 1040 . 00 feet to the Southeast corner of the Beaty Subdivision, according to Book 9 of Maps, page 40, said point being the Point of Beginning; Thence continuing along said North-South mid-section line South 00'03151" West, a distance of 868 . 53 Feet; Thence North 89056100" West, a distance of 310 . 25 Feet to the Easterly Right-of-Way line of Rennick Drive, according to said Beaty Subdivision; Thence North 00003 ' 51" East, along said Right-of-Way line, a distance of 869. 14 Feet to the Southerly Right-of-Way line of Virginia Street, according to said Beaty Subdivision; Thence South 89'49114" East, along said Right-of-Way line, a distance of 310 . 25 Feet to the Point of Beginning; and Parcel 101-11-0210 That portion of the North half of Section 20, Township 1 North, Range 8 East, of the Gila and Salt River Base and Meridian, Pinal County, Arizona, described as follows : Commencing at the North quarter corner of said Section 20; Thence South 0000351" West (Basis of Bearings) , along the North-South mid-section line of said Section 20, a distance of 1040 . 00 feet to the Southeast corner of the Beaty Subdivision, according to Book 9 of Maps, Page 40, said Point being the Point of Beginning; Thence south 89'37109" East, a distance of 40 . 00 feet to the East line of the West 40 feet of the Northeast quarter of said Section 20; Thence South 00003151" West, along said East line, a distance of 775 . 47 feet; 3 Thence South 89'5521" West, a distance of 40 . 00 feet to the North-South mid-section line said section 20; Thence north 00'0351" east, along said mid-section line a distance of 775 . 79 feet to the Point of Beginning. B) The approval is subject to the following zoning conditions® 1 . The project shall be developed in accordance with the plans approved and associated with case P-22-29-PZ and all provisions of the Zoning Ordinance and city codes 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 and north perimeters of the property along the street frontages, 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 24" box and all required shrubs shall be 5-gallon in size® 3 . Street improvements including the installation of pavement, commercial driveway entrances and the provision of sidewalk, curb, gutter, scuppers as applicable, streetlights, undergrounding utilities as applicable, fire hydrants, landscaping shall be required as part of this project, and subject to review and approval by the City Engineer® 4 . The proposed development will not be age-restricted. 5® All common areas and amenity areas within the proposed development and within the right-of-way immediately adjacent to the development, including perimeter walls and fences, and interior and exterior common area landscaping, shall be maintained in good condition at all times by the property owner® 6. 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, including public art fees, shall be paid at the time of permit issuance® Development fees shall be paid on a per unit basis . 4 7 . The following right-of-way dedications shall be made: a) 25 feet of right-of-way shall be dedicated on the south side of W. Virginia Street . b) A 20 foot by 20 foot triangular corner cut-off visibility triangle shall be dedicated as public right-of-way at the intersections of W. Virginia Street and N. Rennick Drive. B . Parcels 101-13-1080 and 101-11-0210 shall be combined through the city' s lot combination process ® 9 . The south 76' of Parcel No® 101-13-1080, which shall be rezoned to B-2 "Old West Commercial, " shall be split off through a minor land division® 10 . The subject property shall be substantially developed within two (2) years of the rezoning effective date of Ordinance No. 1526, with a possible one (1) year time extension at the discretion of the Development Services Director, or the development plan approval may be subject to reversion by City Council legislative action pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-16 Administration, Section 1-16-6 (H) (1) (b) . For the purpose of this rezoning approval, substantial development shall be evidenced by application for and receipt of valid building permits for architecture, all necessary on-site and off-site engineering, and site grading.