Table 4-1 below describes and summarizes the city’s zoning districts. If there is any inconsistency between these summaries and the specific regulatory provisions in Tables 5-1, 5-2, 5-3 and 5-4 of this Chapter (see Vol. II, §§ 1-5-1 through 1-5-4), the specific regulatory provisions shall prevail.

 

 

   (A)   Intent and purpose. The MPC District is generally intended to accommodate large-scaled, unified and comprehensively planned developments. This zoning district is reflected in the General Plan's Land Use Plan Map as Master Planned Community.

   (B)   This district is more specifically intended to provide an alternative zoning district and development process to accommodate substantial mixed-use developments requiring planning and development flexibility not otherwise attainable under conventional zoning districts, in accordance with the following:

      (1)   To promote the public health, safety, and general welfare.

      (2)   To provide a combination of land uses, which may include a variety of residential types, commercial, industrial, public and semi-public areas that are arranged and designed in accordance with sound site planning principles and development techniques, and that are functionally integrated into the planned transportation system, water and sewer systems, parks, schools and utilities.

      (3)   To encourage a more creative approach in the utilization of land in order to accomplish an efficient, aesthetic, and desirable development.

      (4)   To establish planning and development control parameters tailored to the opportunities and constraints of the property.

      (5)   To provide reasonable assurances to the city and developer that the proposed development may be planned and carried out in one or more phases over an extended period of time, in accordance with the approved MPC Zoning and Development Plan.

      (6)   To assure that the MPC District is developed in accordance with a MPC Zoning and Development Plan. The MPC Zoning and Development Plan shall be designed to fulfill the goals established by the General Plan, provide development standards promoting an appropriate balance of land uses, and promote the planning of public facilities designed to serve the projected population.

   (C)   General provisions.

      (1)   MPC Zoning and Development Plan. Prior to receiving MPC zoning approval from the city, the property owner/developer shall submit a MPC Zoning and Development Plan in accordance with Vol. II, § 1-4-2(E). Following review and recommendation by the Planning and Zoning Commission, the City Council shall review and either approve, modify and approve or deny the proposed MPC zoning request.

      (2)   Claim waiver. The Development Services Director ("Director") or designee shall not recommend approval of any MPC District rezoning and/or MPC Zoning and Development Plan unless the Director has received a claim waiver under A.R.S. §§ 12-1131, et seq., from the owner or owners of the property that is the subject of the MPC District.

      (3)   Minimum MPC District area. The minimum area required for the MPC District is 100 contiguous acres. Areas within rights-of way and easements may be included in the computation of the minimum 100 acres.

   (D)   Zoning and development standards.

      (1)   Uses. The Council shall establish and approve a specific pallet of permitted, conditional and temporary uses as part of a MPC rezoning. The approved pallet of uses shall be incorporated into the MPC Zoning and Development Plan.

      (2)   Dimensional zoning standards. The Council shall establish and approve minimum and/or maximum zoning standards for setbacks, building height, density, intensity, lot sizes, lighting, landscaping, signage and parking as part of an MPC rezoning. These approved standards shall be incorporated into the MPC Zoning and Development Plan.

      (3)   Building and site design. The Council shall establish and approve site and building design guidelines as part of a MPC rezoning. These approved design guidelines shall be incorporated into the MPC Zoning and Development Plan.

   (E)   Application procedures. The following application procedures shall apply:

      (1)   The applicant shall meet with the Director or designee prior to making an application for the MPC District to discuss the development concept, the review and approval process, and the submittal requirements.

      (2)   The applicant shall submit a complete application form, required fees and a draft MPC Zoning and Development Plan to the Development Services Director or designee.

      (3)   If the application request requires an amendment of the 2010 General Plan and/or a previously approved MPC Zoning and Development Plan, the applicant shall submit an application to amend the General Plan or previously adopted MPC Plan prior to or simultaneously with the application for the MPC District zoning.

      (4)   The Planning Division shall distribute the MPC application and supporting materials to each responsible department for review and comment.

      (5)   Written responses shall be obtained from public or quasi-public agencies identified by the Director or designee as being stakeholders in the outcome of the development proposal. The Director or designee shall compile all of the comments and recommendations and submit a written report to the applicant.

      (6)   If necessary, the applicant shall revise the MPC Zoning and Development Plan based on comments received and shall resubmit to the Planning Division for further evaluation by the city and the reviewing agencies.

      (7)   Once the application is deemed complete by the Director or designee, the application shall be forwarded to the Planning and Zoning Commission for review and recommendation, and then the City Council for final review and decision.

   (F)   MPC Zoning and Development Plan. The MPC Zoning and Development Plan shall describe the purpose, nature and characteristics of the proposed master planned community by including the following:

      (1)   Contact list of key project team representatives including the land owner, developer, and agents.

      (2)   Vicinity map illustrating the property location.

      (3)   Legal description of the MPC boundary.

      (4)   A statement by the applicant demonstrating compliance with the General Plan.

      (5)   Existing conditions map showing the present use and general condition of the MPC property and adjacent lands within 1/2 mile of the MPC property. The map will provide the total gross acreage, gross density proposed and a delineation of major physical constraints or opportunities including major environmental features, topography, existing roads, trails, utilities, generalized location of any 100-year floodway and major drainage elements.

      (6)   The delineation of development units including the approximate development unit acreage, proposed allocation and description of land uses within the development unit, maximum number of dwelling units within the development unit, and the maximum square footage of non-residential floor area within the development unit. A development unit may be defined as an approximate subarea within a specifically defined MPC boundary containing singular or multiple designated land uses and zoning classifications. Multiple classifications or mixed-use classifications may be permitted in the MPC District in conformance with the General Plan. A development unit in text or table format is the same area as referenced on a map but describes the area in more specific detail. The City Council may approve a particular definition of subarea or development unit for any individual MPC District.

      (7)   Land use plan map illustrating the planned location, density and/or intensity for future residential, commercial, industrial, institutional, recreational, open space and mixed use development.

      (8)   Conceptual design images representing the type and quality of proposed housing design, non-residential design, lighting, signage and landscaping features.

      (9)   General location of any significant historical, cultural and archaeological features of the site, including proposed methods to incorporate and preserve such features into the proposed project.

      (10)   A circulation system concept plan that is consistent with the goals and policies of the General Plan, which shall include the approximate location of all proposed arterial and collector streets, proposed connections to existing streets, and proposed trails and bikeways.

      (11)   Proposed public schools, parks and open space areas.

      (12)   Preliminary drainage and hydrology report, prepared by an Arizona registered engineer.

      (13)   Preliminary water and sewer system report, prepared by an Arizona registered engineer.

      (14)   Preliminary traffic impact analysis report, prepared by an Arizona registered engineer.

      (15)   Such additional information as the Director or designee may prescribe as necessary, to facilitate review and action on the application by the Planning and Zoning Commission and the City Council.

   (G)   Development schedule. The following shall be submitted with the MPC District application:

      (1)   A schedule, indicating to the best of the applicant's knowledge, the approximate timeframe in which construction or development is expected to begin and the duration of time required for completion of the development; and

      (2)   Proposed phasing plan if the project will not be developed as one unit/phase, including a plan for the interim use and management of the undeveloped phase or phases.

   (H)   MPC District approval.

      (1)   Approval of a MPC District rezoning shall be subject to the procedural requirements for rezoning in Vol. II, § 1-16-6.

      (2)   At the time the MPC District is approved by the City Council, the associated MPC Zoning and Development Plan shall become an integral part of the Apache Junction zoning regulations for the rezoned property. All future development within the MPC district shall thereafter be in conformity with the MPC Zoning and Development Plan.

   (I)   Development agreement. A development agreement between the city and the owner/developer shall be required and may be processed and adopted concurrently with or subsequent to the MPC District.

   (J)   Findings. Before approval of a MPC District, the City Council shall find that:

      (1)   The development proposed is in conformance with the General Plan.

      (2)   The streets and thoroughfares proposed are in harmony and conformance with the General Plan.

      (3)   The proposed development will be compatible with the character of the surrounding area.

      (4)   The conceptual site locations proposed for public facilities such as schools, fire protection, law enforcement, water, wastewater, streets, public services and parks, are adequate to serve the anticipated population within the MPC District.

   (K)   MPC District amendments and adjustments.

      (1)   Changes to the approved MPC Zoning and Development Plan may be requested by the applicants or their successors and shall be delineated as either City Council approved amendments or City staff approved adjustments.

      (2)   Criteria for distinguishing between amendments and adjustments shall be provided as part of a development agreement and/or approved MPC Zoning and Development Plan.

      (3)   Any administrative adjustment decision made by the Director or the Planning and Zoning Commission shall be in accordance with the development agreement and/or approved MPC zoning and development plan and may be appealed by the applicant to the City Council within 7 calendar days from the date of the Director or Planning and Zoning Commission's decision, subject to the following:

         (a)   Appeals shall be in writing on a form provided by the Development Services Department and shall include the specific items being appealed and the nature upon which the decision was in error.

         (b)   The Director or designee shall transmit to the City Council a report and any background material regarding the appeal to the City Council for its next regularly scheduled meeting within 30 calendar days of receipt of any appeal.

   (L)   Administration and enforcement.

      (1)   While ownership of a project may subsequently be transferred (in whole or in part), MPC District zoning will continue to be implemented and maintained on the total acreage of the MPC District zoned project. It is the responsibility of the owner to notify all prospective purchasers of the existence of the MPC District and the MPC Zoning and Development Plan. It is also the responsibility of the owner to initiate a dialogue with the Director to ensure the program of development can be administered to comply with all of the processing time frames and hearing schedules required.

      (2)   In the event that the applicant has failed to comply with the conditions adopted by the City Council in conjunction with the approved MPC District and the MPC Zoning and Development Plan, the city may enforce noncompliance as a violation of the Apache Junction City Code.

   (M)   The city adopted Ordinance No. 1513, Rezoning Case P-21-50-MPC, rezoning to Master Planned Community the “Auction Property at Superstition Vistas” and adopting by reference the “Auction Property at Superstition Vistas; Master Plan Community Plan,” August 30, 2021, a copy of which is on file in the City Clerk's Office and found on the city website at http://www.apacheiunctionaz.gov.

   (N)   The city adopted Ordinance No. 1514, Rezoning Case P-21-51-MPC, rezoning to Master Planned Community the “Retained Property at Superstition Vistas” and adopting by reference the “Retained Property at Superstition Vistas; Master Plan Community Plan,” August 30, 2021, a copy of which is on file in the City Clerk's Office and found on the city website at http://www.apacheiunctionaz.gov.

(Ord. 1402, passed 5-6-2014; Ord. 1513, passed 8-30-2021; Ord. 1514, passed 8-30-2021)

   (A)   Intent and purpose. The Planned Development Overlay District ("PD") is intended allow site and building design flexibility which may not otherwise be allowed through conventional base zoning. The intent of this district is to enable the following:

      (1)   Provide opportunity for mixed-use development that may include a combination of different dwelling types and/or a variety of land uses which complement each other and which are compatible with existing and proposed land uses in the vicinity.

      (2)   Promote the most appropriate land use.

      (3)   Facilitate adequate and economical provision of streets and utilities.

      (4)   Facilitate flexible building design, site design, and amenities that create a unique and more sustainable alternative to conventional development.

   (B)   General provisions. The PD overlay district may be used in conjunction with one or more base zoning districts. The Council's conditions of approval associated with adoption of a PD ordinance shall be memorialized in the PD ordinance and shall run with the land unless otherwise stated.

   (C)   Development standards.

      (1)   Minimum site area. There is no minimum site area for use of the PD overlay district.

      (2)   Modified zoning and development standards. Zoning and development regulations regarding setback, attached versus detached residences, building height, lot coverage, parking, lighting, landscaping and signage may be modified by the Council as conditions of the PD approval subject to the Council's determination of the following criteria:

         (a)   A better design can be achieved by not applying the strict provisions of the zoning district.

         (b)   Adherence to the strict provisions of the zoning district is not required in order to ensure health, safety and welfare of the inhabitants of the development.

         (c)   Adherence to the strict provisions of the zoning district is not required in order to ensure that property values of adjacent properties will not be reduced.

      (3)   Land uses. In approving a PD ordinance, the Council may restrict the types of uses otherwise allowed in the base zoning district by requiring a limited pallet of uses as a condition of approval.

      (4)   Mixed-uses. The Council may approve a PD ordinance that allows a mixture of multi-family residential and non-residential uses with modified zoning and development standards. Mixed-use development is intended to integrate office, commercial, recreational, civic, institutional and/or residential uses to promote a broader range of service, employment and housing options.

      (5)   Residential density.

         (a)   Density (i.e., units per acre) for residential development shall not exceed the residential base district's maximum density identified in Tables 5-2 and 5-4 (see Vol. II, §§ 1-5-2 and 1-5-4), nor exceed densities provided in the General Plan's Land Use Plan Map.

         (b)   If the planned development is proposed for more than one zoning district, the number of allowable dwelling units must be separately calculated for each portion of the planned development that is in a separate zone, and must then be combined to determine the number of dwelling units allowable in the entire planned development.

   (D)   Application and approval. Requests for PD overlays shall follow the same procedures specified for zoning amendments in Vol. II, § 1-16-6. In addition, applications requesting PD overlays shall follow the same procedures specified for preliminary development review and approval in Vol. II, § 1-16-8.

   (E)   PD plan changes.

      (1)   Minor modifications or alterations of the approved PD development plan shall be reviewed and approved by the Director or designee. Major modifications or alterations require Council approval and shall be processed in accordance with Vol. II, § 1-16-6.

      (2)   The Director or designee shall interpret the proposed modification to be major if, in the Director's opinion, the modified project density (i.e., units per acre), setbacks or height 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.

   (F)   Phased development. An approved development plan may be built in phases as part of the project's plan, if the construction and provision of all necessary elements, including parking, drainage, common open spaces, and public and recreational facilities, which are shown on the approved plan, proceed at a rate commensurate with the construction of buildings.

   (G)   Dedication and maintenance of facilities. The city may require, as a condition of approval, those portions of the tract under consideration be set aside, improved, conveyed or dedicated for the following uses:

      (1)   Streets. That the rights-of-way widths as designated on the city's Street Classification Plan be dedicated for streets and utility purposes. Other streets necessary for access or development of adjacent properties may also be required.

      (2)   Easements. That the owner shall grant to the city such easements as will be required to ensure the necessary and orderly extension of public utilities, including easements over all non-dedicated private streets over which the city may need ingress or egress for the purpose of protecting the health, safety and welfare of the public, and for the provision of municipal services.

      (3)   Underground utilities. All electric and telephone facilities, cable, streetlight wiring and other wiring, conduits and similar utilities and facilities shall be placed underground by the developer.

      (4)   Recreation facilities. The city may require that suitable area for parks and playgrounds be set aside, improved or permanently reserved for the public, owners, residents, employees or patrons of the development.

   (H)   Transfer and assignments. If, during any stage of the development, the property under application or any portion thereof is assigned to another, then the assignee shall be bound to the requirements and design of the approved development plan.

   (I)   Revocation for non-compliance. Failure to comply with the approved final development plan or any prescribed condition of approval shall constitute a violation of this Article. The Commission may, after giving notice, hold a public hearing and recommend revocation of a base zoning district to the City Council who may consider the recommendation and act in the same manner as in considering any zoning request.

   (J)   Reversion. Approval of rezoning constitutes authorization for the development of property under granted zoning. PD rezoning approval is valid for a period of 24 months from the date of the City Council decision or for the period of time approved by the City Council as a condition of rezoning. If approval expires prior to substantial development upon the rezoned property, the zoning may be subject to reversion to its former zoning classification.

   (K)   Termination. An approved planned development may not revert to any base district upon completion unless, and until, all requirements of the base district are satisfied. Should the applicant of an approved planned development wish to discontinue the planned development use upon completion, including the continuation of the Planned Development Zoning District designation, the process shall follow the procedure required for zoning amendments in Vol. II, § 1-16-6.

(Ord. 1402, passed 5-6-2014)