HomeMy WebLinkAboutRES 23-18 RESOLUTION NO. 23-18
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-22-130-PZ AUTHORIZED UNDER ORDINANCE NO.
1536"; REPEALING ANY CONFLICTING PROVISIONS; AND
PROVIDING FOR SEVERABILITY.
WHEREAS, John Fox of William Seymour Co. , Inc. submitted a
rezoning request by planned development approving the use of a
16-unit two-story duplex community on the property described in
case P-22-130-PZ, which case was presented to the planning and
zoning commission on June 27, 2023 and forwarded with a vote of
6: 0 recommending case approval to the city council for its
August 1, 2023 public hearing; and
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, that certain document "Legal Descriptions and
Zoning Conditions of Case No. P-22-130-PZ authorized under
Ordinance No. 1536", includes the legal descriptions for the
parcels and conditions of approval for the rezoning by planned
development case P-22-130-PZ .
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS :
RESOLUTION NO. 23-18
PAGE 1 OF 2
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SECTION I IN GENERAL
That certain document entitled the "Legal Descriptions and
Zoning Conditions of Case No. P-22-130-PZ authorized under
Ordinance No. 1536" 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
(w;•aw. apac��e�' an-, ioA az_. goy=) , 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 1ST DAY OF AUGUST, 2023 .
SIGNED AND ATTESTED TO THIS �_ DAY OF , 5 2023 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
, LA,��
NIFE PENA
City Clerk
APPROVED AS TO FORM:
f* 1,3149
RICHARD JOEL STERN
City Attorney
RESOLUTION NO. 23-18
PAGE 2 OF 2
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LEGAL DESCRIPTIONS AND ZONING CONDITIONS OF CASE
NO . P-22-130-PZ AUTHORIZED UNDER ORDINANCE NO .
1536
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A) The mayor and council passed Ordinance No. 1536 on August 1,
2023, which approved the rezoning by planned development of
the parcel located at the southwest corner of E. Superstition
Boulevard and N. Plaza Drive, Apache Junction, Arizona,
legally described as follows:
APN 101-11-003B:
LEGAL DESCRIPTION of a parcel of land located in the Northeast
quarter of Section 20, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Apache Junction, Pinal
County, Arizona, more fully described as follows :
COMMENCING from a tie at the North quarter corner of said
Section 20;
THENCE South 89 degrees 46 minutes 58 seconds East along the
North line of Section 20 and the monument line of University
Drive (formerly called Desert Drive) , a distance of 65 . 19
feet;
THENCE South 0 degrees 13 minutes 02 seconds West a distance
of 50 . 00 feet to a point on the South right of way line of
University Drive;
THENCE South 89 degrees 46 minutes 58 seconds East along the
South right of way line of University Drive, said right of way
line being 50 . 00 feet South of and parallel to the North line
of Section 20, a distance of 1020 . 74 feet to the POINT OF
BEGINNING;
THENCE South 0 degrees 04 minutes 12 seconds West, 207 . 00
feet;
THENCE South 89 degrees 46 minutes 58 seconds East, 194 . 50
feet to a point on the West right of way line of Lost Dutchman
Boulevard;
THENCE North 0 degrees 04 minutes 12 seconds East along said
right of way 207 . 00 feet;
THENCE North 89 degrees 46 minutes 58 seconds West along the
South right of way line of University Drive 194 . 50 feet to the
POINT OF BEGINNING.
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B) The approval is subject to the following zoning conditions :
1) The project shall be developed in compliance with the plans
attached and associated with case P-22-130-PZ and all the
provisions of the zoning ordinance and city codes
applicable to this case.
2) The proposed development will not be age-restricted.
3) The minimum front setback and the minimum rear setback for
main structures shall be reduced from 20 feet to 10 feet.
4) Landscape, screening and irrigation improvements along W.
Superstition Boulevard and N. Plaza Drive are permitted to
be located outside of the property line to provide enough
property depth for the proposed building arrangement. These
landscape, screening and irrigation improvements that are
located within the W. Superstition Boulevard right-of-way
and N. Plaza Drive right-of-way must comply with the Apache
Junction Public Works requirements including the spacing
away from streetlights . Maintenance, replacement, and
possible relocation of the landscaping within the adjacent
right-of-way shall remain the responsibility of the
property owner and their successors per the standards
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.
5) All applicable permits shall be applied for, and plans
shall be designed to current city codes prior to any lot
grading or construction.
6) The developer' s engineer shall meet the civil engineering
improvement plans and document requirements in accordance
with the city' s approved engineering standards that are in
effect at the time of plan submittal. All off-site
improvements shall be compliant with the requirements of
the City of Apache Junction Public Works Department .
7) All common and amenity areas within the proposed
development, including perimeter walls and fences, and
interior and exterior common area landscaping, shall be
owned and maintained in good condition at all times by the
developer or owner of the community or property management
company.
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