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Home My WebLink AboutRES 24-08 RESOLUTION NO. 24-08 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 TITLED "LEGAL DESCRIPTIONS AND ZONING CONDITIONS OF CASE NO. P-23-63-PZ"; 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 (2) and 9-802, such codes include zoning conditions approved in rezoning cases; 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. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: SECTION I IN GENERAL 1 . That certain document titled the "Legal Descriptions and zoning conditions of case no. P-23-63-PZ", of which at least one paper copy is on file with the city clerk and one electronic copy is accessible on the city' s website (W,jv-,,; ;A 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of resolutions in conflict with the provisions of this resolution or any part of the codes adopted herein, are hereby repealed. RESOLUTION NO. 24-08 PAGE 1 OF 2 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 2024 . SIGNED AND ATTESTED TO THIS DAY OF 2024 . 1/k I WALTER "CHIP" ' ILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney RESOLUTION NO. 24-08 PAGE 2 OF 2 LEGAL DESCRIPTIONS AND ZONING CONDITIONS OF CASE NO . P- 3- -PZ 1 A) The mayor and council passed Ordinance No. 1547 on May 21, 2024, which approved the planned development rezoning of the approximately 18-acre property, located at the southeast corner of US-60 and Goldfield Road, legally described as follows : Parcel 1 (103-01-0110) : LOT 1 SUPERSTION FALLCOMMERCIAL CAB G - SLD 066 SEC 35 1N-8E Parcel 2 (103-01-0130) : LOT 3 SUPERSTION FALLS COMMERCIAL CAB G - SLD 066 SEC 35 1N-8E Parcel 3 (103-01-0140) : LOT 4 SUPERSTION FALLS COMMERCIAL CAB G - SLD 066 SEC 35 IN-8E Parcel 4 (103-01-0150) : LOT 5 SUPERSTION FALLS COMMERCIAL CAB G - SLD 066 SEC 35 1N-8E Parcel 5 (103-01-0160) : LOT 6 SUPERSTION FALLS COMMERCIAL CAB G - SLD 066 SEC 35 IN-8E Parcel 6 (103-01-0170) : LOT 7 SUPERSTION FALLS COMMERCIAL CAB G - SLD 066 SEC 35 1N-8E Parcel 7 (103-01-0180) : LOT 8 SUPERSTION FALLS COMMERCIAL CAB G - SLD 066 SEC 35 IN-8E B) The approval is subject to the following zoning conditions : STANDARD CONDITIONS 1) All the provisions of the zoning ordinance are applicable to this case. 2) The development shall reflect substantial compliance and consistency with the planned development presented with case P-23-63-PZ, P-23-64-GPA and P-23-65-DR incorporated by reference herein, and as otherwise specified through these conditions of approval, to include site layout, elevations, setbacks, public and private rights-of-ways, easements and tracts, amenities (including proposed pool and clubhouse) , perimeter and interior lot separation walls, model types, landscaping and other improvements . 3) Landscape, screening and irrigation improvements, planted within a minimum 10-foot-deep strip inside the 2 net property line (but outside of required walls) along the 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 : Zonin Ordinance, Article 1-8 : Landscape Regulations . All required trees shall be 24" box and all required shrubs shall be 5-gallon in size and a decorative 6-foot-tall wall. shall be constructed on all roadway frontages . 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) All applicable permits shall be applied for arid plans shall be designed to current city codes prior to any lot grading or construction on. the lots. Inclusively, all applicable development fees, including, but not limited to, public art fees, shall be paid at the time of permit issuance. Development fees shall be paid on a per unit basis . 6) All common areas, amenity areas, and tracts within and immediately adjacent to 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 owners or homeowners association of the proposed subdivision. 7) The developer' s engineering shall meet the civil engineering improvement plans and document requirements, as outlined in the previously provided pre-application and review comments and in accordance of the City' s approved engineering standards that are in effect at the time of plan submittal. 8) Minor PD modifications or alterations of the approved architecture designs, floor plans, open space, unit mix, unit count, clubhouse location or development plan, shall be administratively reviewed and approved by the development services director or his or her designee. 3 9) Major deviations or proposed changes from the original plans associated with this case will require a Major RD Amendment. The director or his or, her designee shall interpret the proposed modification to be significant/major, if, in his or her opinion, the modified project density (:i . e ., units per acre) is proposed to be increased by more than 10%, the quality of project design is diminished, the types of proposed land uses are significantly altered and/or the overall character of the project is contrary to the intent and spirit of the original city council PD ordinance approval. . PROJECT SPECIFIC CONDITIONS 1) The maximum height for the site shall be limited to 30- feet. 2) A reduced rear setback of 8' shall be permitted on the parcels north of Resort Boulevard. 3) The proposed development will not be age-restricted. 4) Resort Boulevard will remain a private road and will not be dedicated as public right-of-way. 5) The City will, transfer ownership, maintenance, and payment of all existing streetlights along Resort Boulevard to the adjacent property owners/commercial homeowner' s association, 6) The four curb returns along the intersection of Goldfield Road and Resort Boulevard and Chevron Gas Station shall be updated to current American Disabilities Act standards . 7) Concrete sidewalk shall be added from the north existing access drive heading north to tie into the existing sidewalk located within the Arizona Department of Transportation right-of-way as required by the city engineer. 8) Any other future improvements to existing public facilities in Goldfield Road will be per city standards and as required by the city engineer. 4